1 ao243-05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION rpa APPEAL FROM ORDER NO. 243 OF 2005 ALONGWITH CIVIL APPLICATION NO. 239 OF 2005 Navinchandra Majithia .. Appellant V/s. The Divisional manager Railway (Commercial) & Ors. .. Respondents .... None present. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 23, 2011. P.C. None appears for the parties. Though, Appeal is called out for two occasion. The Appeal is directed against the order dated 31st January, 2005 passed by the City Civil Court, Mumbai, by which ad-interim relief was refused by the trial Court on Notice of Motion No.393 of 2005 taken out by the appellant. While admitting the Appeal, this Court passed an ad-interim order granting ad-interim relief in terms of prayer clause (a) of the Civil Application, subject to condition that the appellant will not made 2 ao243-05 commercial exploitation of the facility granted to him. Clause 2 of the said order dated 22nd February, 2009 directs that the trial Court should proceed to hear and decide the Notice of Motion. 2. Both the parties have not appeared. In all probability, the Notice of Motion must have been finally decided. Hence, the Appeal is disposed of by passing the following order : :: O R D E R :: i. If the Notice of Motion No. 255 of 2005 is not finally decided, the same shall be decided within a period of eight weeks from today. If the Notice of Motion is still pending, the ad-interim relief granted by this Court in Civil Application No.239 of 2005 will continue to operate till the final disposal of the Notice of Motion. ii. If Notice of Motion No. 393 of 2005 is already disposed of, interim relief will not operate. 3 ao243-05 iii. All contentions of the parties in the suit are kept open. iv. Civil Application No. 239 of 2005 does not survive and the same is disposed of. JUDGE