IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3716 OF 2005 NOTICE OF MOTION NO. 3716 OF 2005 NOTICE OF MOTION NO. 3716 OF 2005 in APPEAL (LODGING) NO.1270 OF 2005 APPEAL (LODGING) NO.1270 OF 2005 APPEAL (LODGING) NO.1270 OF 2005 AND APPEAL NO. 1270 OF of 2005 IN NOTICE OF MOTION NO. 2890 OF 2002 IN SUIT NO. 60 OF 2002 IN PETITION NO. 438 OF 2002 Mrs. Lalita Bhogilal Shah ... Appellant Versus Mr. Bipin Bhogilal Shah & Ors. ... Respondents Mr. B.B.Saraf i/b Y.N.Adhia for the appellant. Respondent No.1 present. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & J.H.BHATIA,JJ J.H.BHATIA,JJ J.H.BHATIA,JJ. DATE : 13th August, 2007. DATE : 13th August, 2007. DATE : 13th August, 2007. P.C. P.C. P.C. 1. Though there is delay in filing the appeal, we heard learned Counsel for the appellant. He submitted that it was not necessary for the learned Single Judge to make observations which are found in para 6 of the impugned order. He apprehends that those observations will come in his way at the final hearing of the suit. In our opinion, the apprehension is not well-founded. Whatever observations have been made by the learned Single Judge in the order have been made for the purpose of disposing of the Notice of Motion and, therefore,they are relevant only for that purpose. 2. In view of this clarification, on a motion made by the learned Counsel for the appellant, the Motion and the Appeal are permitted to be withdrawn. -- (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)