: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.699 OF 2009 ALONGWITH CIVIL APPLICATION NO.874 OF 2009 Municipal Corporation of Greater Mumbai & Anr. .. Appellants V/s. Sher-E-Punjab Co-op. Hsg. Society Ltd. .. Respondents Mr. A.Y. Sakhare, Sr. Advocate, with Mr. V. Mahadik i/b. Mr. R.A. Malandkar for the Appellants. Mr. V.A. Thorat, Sr. Advocate, i/b. Mr. R.A. Thorat for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 10 TH FEBRUARY, 2010. P.C.: 1. The Appeal from Order has been preferred against an order dated 30th January, 2009, passed by the City Civil Court, Dindoshi, Goregaon, Mumbai, in Notice of Motion No.51 of 2007 in L.C. Suit No. 54 of 2007. While allowing the Notice of Motion, the Ad-Hoc District Judge-2, City Civil Court, Dindoshi, Goregaon, Mumbai, has passed the following operative order : : 2 : “1. The Notice of Motion is hereby allowed. 2. The order of ad-interim injunction dated 3/10/2007 granted in terms of prayer clause (a) and (b) of Notice of Motion is hereby made absolute for the period of six months or till the decision of Suit whichever may be earlier. 3. The costs will be the costs in the cause. 4. The observations made above will have no binding effect on the decision of the Suit. 5. Hearing of the Suit is ordered to be expedited.” 2. Thus, it is obvious that the order which could have affected the appellants-Municipal Corporation is no longer in operation as six months have already elapsed from the date of the order. 3. The Appeal from Order is dismissed. 4. The dismissal of the Appeal from Order does not mean that the impugned order is confirmed. : 3 : 5. In view of the above, Civil Application No.874 of 2009 pending in the Appeal from Order does not survive and the same is dismissed as infructuous. .......