Abidabee Subhedar Shaikh And ANR v. Shaikh Yusuf Hasanbhai And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD REVIEW APPLICATION NO.255 OF 2012 IN APPEAL FROM ORDER NO.105 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.V.Y.Bhide, advocate for the Applicants. Mr.R.D.Bhalerao, advocate for Respondent Nos.2A to 2E. CORAM : S.V.GANGAPURWALA,J.

Date : 14.07.2015.

PER COURT :

1.

This is an application seeking review of the order dated 30.1.2012.

2.

Heard Mr.Bhide, learned counsel for applicants and Mr.R.D.Bhalerao, learned counsel for the Respondent Nos.2A to 22. 3.

Vide order dated 30.1.2012, passed in Appeal from Order dated 105/2011, I had refused to entertain the Appeal from Order on the ground that order of injunction assailed in the said Appeal from Order was passed one year back restraining the appellants in the said Appeal from Order from causing obstruction in the

construction activity of L.Rs. of Respondent No.2. The L.Rs. of Respondent No.2 were also directed to file undertaking before the first appellate Court. Now it is more than four years, the order of injunction is in force. On the same grounds I am not inclined to entertain the Review Application.

4.

Mr.Bhide, learned counsel submits that the appeal is of the year 2007. The same be directed to be decided expeditiously. Mr.Bhalerao learned counsel does not oppose that prayer. 5.

In light of that the Review Application is disposed of. The Court where the Appeal bearing RCA No.35/2007 is pending shall decide the same expeditiously, preferably within nine (9) months. The parties shall cooperate in expeditious disposal of the proceedings. No costs.

(S.V.GANGAPURWALA,J.) Dt.14.07.2015.

asp/office/Rev255.12