1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.760 OF 2005 IN NOTICE OF MOTION NO.1322 OF 2002 IN PETITION NO.1030 OF 1997 Suraj Estate Developers Pvt.Ltd. ...Appellant vs. 1.Mrs.Clara A. D'Souza & anr. ...Respondents --- Mr.Rajesh Shah i/b. Prashant Gehani, for Appellant. Mr.S.M.Shettigar, for Respondents. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 26th March,2009. 2 P.C.:- 1. On a motion made by the learned Counsel appearing for Respondent no.1, Notice of motion no.1322 of 2002 in Petition no.1030 of 1997 which was taken out by him is permitted to be withdrawn with liberty to adopt appropriate proceedings. As a consequence of withdrawal of Notice of Motion no.1322 of 2002, the order passed thereon by the learned Single Judge of this Court dated 2.8.2005 does not survive for consideration, which renders this appeal infructuous. Appeal is disposed of as infructuous. Interim order which is presently operating shall continue to operate for a period of eight weeks from today. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---