Jagannath Vithooba Dhangar (Gundre) And Another v. Vithoba Rama Dhangar Gundre And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2165 of 2015 IN SECOND APPEAL NO.857 OF 2007 JAGANNATH VITHOBA DHANGAR (GUNDRE) AND ANOTHER APPLICANTS

VERSUS

VITHOBA RAMA DHANGAR (GUNDRE) AND OTHERS RESPONDENTS Mr.S.P.Katneshwarkar, Advocate for the applicants. Mr.S.C.Swami h/f Mr.V.D.Gunale, Advocate for the respondents. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 27/03/2015 PER COURT :

1.

The applicants pray that Second Appeal No.657/2007 be heard finally out of turn on an early date.

2.

Since second appeals from 1991 are pending final hearing, this second appeal cannot be granted precedence over old matters. Civil application is, therefore, rejected.

3.

Learned Advocate for the applicants submits that the interim order granted by this Court in favour of the non-applicants/ appellants has resulted in staying of the execution proceedings. khs/March 2015/2165-15 (d)

The Executing Court be permitted to proceed with the said proceedings and may not pass a final order till the decision in this second appeal.

4.

Learned Advocate for the appellants submits that this prayer is not made in this civil application and as such, unless the applicants take out a proper application, this prayer cannot be entertained. 5.

In the light of the above, no orders are being passed on the prayer made by the applicants, as recorded above. In the event, any civil application is filed, the same can be considered on its own merits.

( RAVINDRA V. GHUGE, J.) khs/March 2015/2165-15 (d)