= 1 = FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 996 OF 2008 IN APPEAL FROM ORDER (ST) NO. 19409 OF 2008 __________________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court' s orders or Court's or Judge's orders directions and Registrar's orders Ms.Savina S.Bangera, adv.for appellants. Mr.Kantilal H.Kanojia, h/f.Mr.M.B.Ranade, adv.for respondents. Coram: Smt.R.P.SondurBaldota J. Dated : 23 rd September, 2008. P.C. : 1. The appellant had taken out the Civil Application No.996 of 2008 for restoration of the Appeal from Order (St)No.19409 of 2004. The same was dismissed by the office order, as the appellant had not removed office objections within the time prescribed. On 12th September 2008, when the Civil Application was taken up for hearing, the = 2 = respondents and their advocates were absent. The learned advocate appearing for the appellant did not point out to the court that there is a reply filed by the respondents to the Civil Application and in that reply, it is disclosed that the suit from which the Appeal from Order arises, was dismissed as far back as 21st April, 2006. The learned advocate being officer of the court was duty bound to bring these facts to the notice of the court. Since, the facts were not pointed out to the court, by the order passed on that day, the Appeal from Order came to be restored to file and the appellants were directed to remove the office objections, so that the Appeal from Order is numbered and posted for admission. Mr.Kanojia, learned counsel for respondent, who got this matter placed on board draws the attention of the court to the zerox of the certified copy of the order = 3 = dated 21st April, 2006 which is annexed to the reply filed by the respondent to the Civil Application. The order clearly shows that the suit was dismissed for want of prosecution on 21st April, 2006. Since, the suit is dismissed, the Appeal from Order preferred against an interim order passed in the suit cannot survive. The same is accordingly disposed off. [JUDGE]