FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.164 OF 2010 WITH CIVIL APPLICATION NO.5408 OF 2009 (Kantilal Chunnilal Samsukha Vs. Dr. Dilip Bhausaheb Sirsath & ors.) Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri Pawan Pawar, Advocate holding for Shri S.P. Brahme, Advocate for appellant Shri S.V. Suryawanshi, Advocate for respondent Nos.1 & 2 Shri S.S. Kulkarni, Advocate holding for Shri S.D. Kulkarni, Advocate for respondent Nos.5 to 14 ..... CORAM : S.S. SHINDE, J. DATED : 20th June, 2011. 1. Learned counsel for the appellant submits that the suit is dismissed for default and he has filed application for restoration of the suit, therefore, this Court may adjourn the Appeal from Order sine die. This request cannot be acceded. Since the suit itself is not in existence, there is no question of keeping the Appeal from Order pending. Appeal from Order is dismissed. In case the suit is restored, the appellant would be at liberty to take further appropriate proceedings. 2. In view of dismissal of the Appeal from Order, Civil Application No.5409/2009 does not survive and hence, same also stands dismissed. ( S.S. SHINDE, J. ) fmp/ao164.10