Sadashiv Vithoba Khandve (Sinde Deceased) And ORS. v. Asad Udoula Imram Hussain Bisvas And ORS.

(14) CRA-523-18.doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Bharat D. Pandit CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.523 OF 2018 by Bharat D.

Pandit Date: 2019.10.18 09:41:20 +0530 Dilip S. Khandve and Others ..... Applicants.

V/s A. Bivas and Others ...... Respondents.

---- Mr. Dilip S. Khandve in person, present.

Mr. Priyal G. Sarda for Respondent No.7.

--- CORAM: NITIN W. SAMBRE, J.

DATE: OCTOBER 14, 2019 P.C.:- 1] Appeal preferred by the Applicants is pending on the file of District Judge-7, Pune since 2008. Applicant No.2, who is a lawyer and who is representing the interest of all the Applicants, assures that he shall workout the appeal within a period of two months from today and shall not seek any further adjournment.

2] In view of above, the learned District Judge before whom the Appeal being Appeal No.287 of 2008 is pending, is directed to decide the same expeditiously and, in any case, not later than three months, provided present Applicants cooperate with the said Court in 1/2

(14) CRA-523-18.doc expeditious disposal of the appeal.

3] As far as the order impugned dated 02/04/2018 is concerned, the fact remains that there operates an injunction against the Applicants/Appellants, which is not stayed by any of the Courts. Apart from above, it is claimed by the Applicants that they were not heard before passing the impugned order.

4] In the aforesaid background, Petition is disposed of with direction to the learned District Judge to hear the Applicants/Appellants on the issue pressed in Application-Exhibit-191 at the final hearing of the Appeal.

( NITIN W. SAMBRE, J. ) 2/2