: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.87 OF 2007 ALONGWITH CIVIL APPLICATION NO.131 OF 2007 AND CIVIL APPLICATION NO.826 OF 2007 Hemant Mathuradas Gangwani .. Appellant V/s. Hitesh Construction Co. & Anr. .. Respondents Mr. Rajesh N. Kachare for the Appellant. None for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 3 RD MARCH, 2010. P.C.: 1. Mr. Kachare, the learned Advocate appearing for the appellant, on instructions, states that the Suit, from which the present Appeal from Order arises, has been dismissed for non-prosecution. The Appeal from Order has, therefore, become infructuous. 2. The Appeal from Order alongwith Civil Applications pending therein is dismissed as infructuous.