1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION Appeal from Order No. 489 of 1996. Vishnu Sitaram Naik ..Appellants. ..Appellants. ..Appellants. Versus. Versus. Versus. Digambar Gopal Palav & Anr. ..Respondents. ..Respondents. ..Respondents. Shri. A.H. Chedda and M.R. Kulkarni for respondent no.1. and Mrs. Joglekar for B.M.C. CORAM:A.M.KHANWILKAR,J. CORAM:A.M.KHANWILKAR,J. CORAM:A.M.KHANWILKAR,J. DATED:18.03.2006 DATED:18.03.2006 DATED:18.03.2006 P.C.:- P.C.:- P.C.:- . None appears for the appellant. Present appeal arises out of an inter-locutory order passed by the trial Court in the suit,which was instituted in the year 1993. In all probability, the said suit must have been finally disposed of by now. In that case, nothing would survive for consideration in the present appeal. . However, as none appears for the appellant, dismissed for non-prosecution. [A.M.KHANWILKAR. [A.M.KHANWILKAR. [A.M.KHANWILKAR. J] J] J]