IN THE HIGH COURT OF JUDICA TURE AT BOMBAY ORDINA RY ORIGIN AL CIVIL JURISD ICTION APPEAL NO.292 OF 2000 IN NOTICE OF MOTION NO.738 OF 1998 IN NOTICE OF MOTION NO. 2774 OF 1998 WITH NOTICE OF MOTION NO.257 1 OF 1999 IN SUIT NO.440 OF 1998 ALONG WITH NOTICE OF MOTION NO.956 OF 2000 IN APPEAL NO.292 OF 2000 Mohamm ad Mobin Haji Hafiz Rain & anr. .. Appell ants V/ s. Mr.Diw akar Rambal i Prasad & ors .. Respon dents Mr.S.A .Oka i/b.P. G.Lad for the Appell ants Mr.Sam ir Suryav anshi i/b. S.A.Sa want for the Respon dents CORAM : R.M.S. KHANDE PARKAR & D. G.KARN IK, JJ. DATE : 8TH JUNE, 2007 P.C. 1. The learne d advoca te for the appell ant states that he has no instru ctions in the matter . That apart, the record disclo ses that by an order dated 25th Novemb er, 2003, pursua nt to the inform ation, the respon dent No.1 had expire d and the time was sought to take approp riate steps in the matter . No steps have been taken in this matter . Theref ore, the appeal abates as far as the respon dent No.1 is concer ned. The impugn ed order relate s to the suit premis es. The impugn ed order being non- favour able in relati on to the other respon dents, the appeal stands abated as a whole. Order accord ingly. (R .M.S.KHA NDEPAR KAR, J.) (D.G.KAR NIK, J.)