Advocates:
['SHRI AVINASH B AVHAD', '', 'SHRI SUGANDH B DESHMUKH', 'A P KULKARNI', '', 'VILAS B TAPKIR']

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO. 3640 OF 2009

IN

FIRST APPEAL NO. 797 OF 2008

Shri Dada Baba Devkate & Ors.

...

Applicants

(Orig. Respondents 2 to 4)

Vs.

Shri Mahadeo Namdeo Devkate & Ors.

...

Respondents

Mr. Prathamesh Bhargude, i/b. Sugandh B.Deshmukh,Advocate, for the

applicants.

Mr.A.P.Kulkarni,Advocate, for the respondents Nos. 1 to 4.

Shri A.N.Gosavi i/b. P.B.Shah, Advocate for respondent No.5.

CORAM:

J.H.BHATIA,J.

DATE :

16^th September, 2009.

P.C.

1.

Heard the learned Counsel for the parties.

2.

This is an Application filed by the applicants/respondents for early

hearing of the appeal. The appellants/plaintiffs had filed the suit for specific

performance of the contract which has been dismissed. However, they claim to be

in possession on the basis of an interim order passed by this Court. In the S.L.P.

before the Supreme Court filed by the present appellants against the interim

2

order, the Supreme Court, without disturbing the interlocutory oder, has requested

the High Court to dispose of the appeal expeditiously.

3.

The appellants shall file private paper book and the decree forms

within 3 months from this day and if the paper book etc. are filed within the

stipulated period, the Appeal shall be listed for final hearing thereafter. The date

for final hearing may be fixed after filing the paper book. In case the appellants

fail to file the paper book and the decree forms within the stipulated period, the

Appeal shall stand dismissed for non-prosecution and the interlocutory order

shall stand vacated. Printing dispensed with.

(J.H.BHATIA,J.)