ORDER 1. Delay condoned. 2. The City Civil Court on a notice of motion, by order dated 27-11-2003 directed an ex parte ad interim order of injunction to issue. The appeal preferred by the defendant against the said order came to be dismissed on 11-3-2004. The High Court, while dismissing the appeal, directed the hearing c of the notice of motion to be expedited. Against the order dated 11-3-2004, the defendant has preferred this special leave petition. 3. Today, it is brought to the notice of the Court that by order dated 4-12-2004, the City Civil Court has made the notice of motion absolute in part. Against the said order, another appeal has been preferred by this very petitioner which is pending in the High Court. 4. Needless to say that the order which was sought to be impugned in the present special leave petition has stood merged in the subsequent order of the trial court against which an appeal in the High Court is pending. The present special leave petition is, therefore, rendered infructuous. It be treated as disposed of without any adjudication on merits. It is, however, clarified that all the pleas raised herein will be available to be urged in the appeal pending in the High Court against the order dated 4-12-2004 and that appeal shall be heard and decided uninfluenced by any observations contained in the earlier order of the High Court which was sought to be impugned herein. Court Masters