- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 498 OF 2009 WITH CIVIL APPLICATION No. 607 OF 2009 Ajit V. Randive .. Appellant Vs. Sri Krishna Krida Mandal ..Respondent None for the Appellant. Mr. S. J. Ghogare, for the Respondent CORAM : R. C. CHAVAN, J. DATED : JUNE 9, 2010. P.C. : 1. None present for the appellant. The learned counsel for the respondent state that the order passed in Notice of Motion No. 877 of 2008 in S. C. Suit No. 879 of 2008 which has been filed by the respondent, has been challenged in this appeal. The learned counsel for the respondent further states that as the said suit is withdrawn by the respondent, appeal has become infructuous. 2. The appeal indeed has become infructuous because order of - 2 - Notice of Motion cannot out live the suit. The appeal is therefore, disposed of as having been rendered infructuous. 3. In view of disposal of the present appeal, Civil Application No. 607 of 2009 does not survive for consideration, and is therefore, disposed of. Sd/- [R. C. CHAVAN, J.]