FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/533/2010 RAJENDRA V/S NAGAPPA 1. Heard respective counsel. 2. Rule. By consent, Rule made returnable forthwith. 3. This petition takes an exception to the judgment and order passed by the first appellate Court in Misc. Civil Appeal No.3 of 2008, dated 12.10.2009. 4. Learned counsel for the petitioner points out Exhibit "C" - copy of the roznama of the first appellate Court in the said appeal. According to him, hearing of the appeal was adjourned to 18.12.2009. However, it was preponed and matter was listed on 12.12.2009. Obviously, on that day, petitioner was not present before the Court. The first appellate Court vacated the ad- interim relief granted on 26.6.2008 and kept the matter for hearing. This Court had, while issuing notice, granted ad-interim relief in terms of prayer clause (B). 5. After hearing parties, in my view, this petition can be disposed of with direction to parties to remain present before the first appellate Court on 7.4.2010 and further direction to the first appellate Court to decide the said appeal expeditiously within four weeks from that day. 6. In the result, Writ Petition is partly FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS allowed. Impugned order is quashed and set aside. Parties are directed to appear before the first appellate Court on 7.4.2010. The first appellate Court shall, after hearing the parties, decide the Misc. Civil Appeal No.3 of 2008, within four weeks from 7.4.2010. Ad-interim relief stands continued till disposal of the said Misc. Civil Appeal by the first appellate Court. 7. Rule made partly absolutely in above terms with no order as to costs. Dt.11.3.2010 (S.B.DESHMUKH, J.) akl