-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.489 OF 2008 WITH CIVIL APPLICATION NO.566 OF 2008 In APPEAL FROM ORDER NO.489 OF 2008 Shri Girijashankar Rambali Singh : Appellant (Orig.Plaintiff) V/s. M/s.Sai Parshva Developers & Anr. : Respondents (Orig.Defendants) ... Mr.Anil Singh i/b. Mr.D.R. Singh for the appellant. Mr.D. Nalawade i/b. M/s.Shah & Associates for the respondents. ... CORAM : A.A.KUMBHAKONI,J. DATE : MAY 22, 2008. P.C. 1. The learned counsel appearing on behalf of the appellant states that the learned trial Court in its impugned order dated 5.5.2008 has incorrectly recorded his statement that flat no.101 has already been sold. According to the learned counsel appearing on behalf of the appellant, the statement was made not in respect of -: 2 :- flat no.101 but in respect of flat no.806. I am afraid that such a contention cannot be entertained by me for the first time in appeal. The appropriate remedy available to the appellant is to move the same Court which has recorded the statement of the Advocate for the appellant for its correction and/or appropriate reliefs. 2. The learned counsel appearing on behalf of the respondents brings to the notice of this Court that the Notice of Motion is made returnable on 13.6.2008. The learned counsel further makes a statement that the respondent nos.1 & 2 have also disposed of the aforesaid flat no.101. He brings to my notice the statement made in the affidavit filed before the lower Court by the respondents to that effect, the relevant portion of which is at the bottom of page 21 of the present appeal proceedings. He further states that the respondents are not going to execute any fresh document in respect of flat no.101 till 13.6.2008 when the matter is placed before the trial Court. The statement is accepted. 3. The Appeal from Order is disposed of finally in the aforesaid terms. Needless to state that it is open to the appellant to move for fresh ad-interim relief before the trial Court and for the respondents to strenuously oppose the same. -: 3 :- 4. In view of the disposal of the Appeal from Order, the Civil Application does not survive and the same stands disposed of. (A.A. KUMBHAKONI, J.)