1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CAS NO.1060/2010 IN SECOND APPEAL NO. 464 OF 1991 Irrayya Kalayya Swami .... Applicants vs Prabhakar Krishnaji Dixit & anr. .... Respondents Mr. S. V. Sadavarte for the Applicants. Mr. S. G. Deshmukh for respondents. CORAM: ANOOP V. MOHTA, J. DATE : 23rd September, 2010 P.C.: This Civil Application is taken out by the original applicant. The above Second Appeal was admitted some time in 1991 and the interim relief was also granted in favour of the applicants. The Second Appeal was dismissed on 13.08.2008 in default. By order dated 24.07.2009, this Court has allowed the application for restoration and listed the Second Appeal for final hearing. Till the date of dismissal on the ground of default, the interim order already granted was continued. In reply, there is nothing to show that any third party right or interest created or there are any change of circumstances except the fact that the matter was dismissed in default. In view of this, the Civil Application for confirming interim relief as filed by the applicants deserve to be allowed in terms 2 of prayer (b). 2 So far as prayer (c) is concerned, respondent no.2 is already served. Respondent no.3 though not contesting party, liberty is granted to take appropriate steps to serve. 3 In any way, the interim relief relief is basically against respondent no.1. Therefore, the present Civil Application is allowed in terms of prayer (b). No order as to costs. 4 The above Second Appeal be listed for final hearing year­wise. (ANOOP V. MOHTA, J.)