1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 785 OF 2009 WITH CIVIL APPLICATION NO. 1140 OF 2009 Shri Shivaji Shankarrao Patil ...Appellant Vs. Shri Dnyanu Manu Patole .. ... Respondent. ..... Mr. Dilip Bodke, for the Appellant. Mr. Ajay Joshi i/b Mr. Balasaheb Deshmukh, for the Respondent. ..... CORAM: S.C. DHARMADHIKARI,J. DATE : 28 th APRIL, 2010. P.C. 1. This Appeal impugns the interim Order dated 30.3.2009 passed by the learned District Judge, Satara below Exh.­’7’ in Regular Civil Appeal No.401 of 2008. 2. The Appellant is the original Plaintiff whereas the Respondent is original Defendant. 3. The Appellant’s Civil Suit No.148 of 1997 has been dismissed and therefore he filed subject Civil Appeal. In this Civil Appeal he had applied for an interim injunction restraining the Respondent­Defendant from putting up any construction on the suit property. That application being rejected by the Order dated 30.3.2009, this Appeal. 2 4. Shri Joshi appearing on behalf of Respondent on instructions states that he has not made any further construction at site save and except the one prevailing on 30.3.2009. He further submits that the Respondent shall not make any construction during pendency of the Appeal. Both statements are accepted. It is clarified that the construction made already shall not be affected by the statements. Order passed today only restrains further construction at site and that is why these statements are accepted. 5. In the light of the statement and the Order made in furtherance thereof which shall continue during the pendency of the Appeal, nothing survives in the Appeal and it is disposed of accordingly. The Civil Application does not survive in the light of disposal of the Appeal from Order. No costs. 6. All concerned to act on the authenticated copy of this Order. (S. C. DHARMADHIKARI, J.)