1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION Appeal No.323 of 2001 In Notice of Motion No.1905 of 2000 In Summary Suit No.2577 of 2000 Rukmani Prakash Ansani Appellant Vs. Baldev Sobhasingh Lulla Respondent Ms.Lisa Abraham i/b. Ms.Purnima Bhatia for appellant. Ms.Bhavana Shinde i/b. Mansukhlal Hiralal & Co. for respondent. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. January 29, 2010. P.C. 1. By the impugned order dated 20th February 2001 Notice of Motion No.1905 of 2000 filed in Summary Suit No.2577 of 2000, the relief claiming an order for attachment before judgment was declined. The trial 2 Court also recorded a prima facie view that the suit, pursuant to the agreement dated 30th May 1998, may not be maintainable as a summary suit and the plaintiff had chosen to club two claims, one of which was perhaps not tenable as a summary suit. These are only prima facie findings. 2. With the passage of time the appeal has become infructuous and the same is dismissed as such. Parties to bear their own costs. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE,J.)