ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7773 OF 2008 PETITION NO.7773 OF 2008 PETITION NO.7773 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Kumbhakoni, Sr.Counsel with Mrs.D.A.Chhapgar for the Petitioner. Mr.Girish K.Vora for Respondent Nos. 1 and 2. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 28th November, 2008. : 28th November, 2008. : 28th November, 2008. P.C. P.C. P.C. The Petitioner- obstructionists has challenged the order of grant of stay in a pending Appeal. The main appeal, itself is fixed on 16th December, 2008. Considering the fact that the appeal is filed by obstructionists and as the Supreme Court has confirmed the decree in 2004 itself. In my view, in the interest of justice, therefore, it is desirable that the lower Appellate Court to hear the matter on a day already fixed or as early as possible. ( 2 ) 2. In the meantime, there is no question of granting third party right in the property in question. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]