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 CIVIL CIVIL CIVIL APPLICATION NO.3397 OF 2007. APPLICATION NO.3397 OF 2007. APPLICATION NO.3397 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL NO.1898 OF 2005. APPEAL NO.1898 OF 2005. APPEAL NO.1898 OF 2005. M/s.Juhu Gulmohar Co-operative Housing Society Ltd. ...Applicant Versus. M/s.Raj Publicity ...Respondent Shri S.A.Mule h/f Shri Vijay Hegde for the Applicant. Shri Navin Parekh i/by Shri Hetal Patel for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 13th February, 2008. : 13th February, 2008. : 13th February, 2008. P.C.: P.C.: P.C.: 1. This application is filed by the respondent in the First Appeal. The prayer in this application is for setting aside order dated 28th June, 2007 passed on Civil Application No.5391 of 2005 and 5392 of 2005. The other prayer is for setting aside the order of admission on the ground that the earlier order passed by this Court directs that the appeal should be disposed of at the stage of admission. 2. By order dated 28th June, 2007 Civil Applications No.5391 of 2005 and 5392 of 2005 filed by the appellant in the First Appeal have been allowed which has the result of allowing the appellant to implead the Maharashtra Housing and Area Development Authority as a party respondent to the appeal. There is no prejudice to the applicant in this application if the : 2 : 2 : 2 : said party is impleaded as a respondent. 3. It is true that earlier orders passed by this Court in the appeal show that this Court intended to dispose of the appeal finally at admission stage. Notwithstanding said order, on 28th June, 2007 the appeal has been admitted. Even if there is an earlier order directing the disposal of the appeal at the admission stage, this Court has always a discretion either to take up the appeal for final disposal at admission stage or to hear it for admission. The discretion has been exercised by hearing the appeal for admission. When the appeal was admitted none was present on the behalf of the applicant. The order admitting the appeal cannot be recalled. However, hearing of the appeal deserves to be expedited. 4. Hence, I pass the following order: (i) The application is rejected. However, hearing of the appeal is expedited. (ii) The appellant in the appeal is directed to file paper book within a period of three months from today failing which appeal will stand dismissed for non prosecution without further reference to the Court. : 3 : 3 : 3 : (iii) Printing is dispensed with. (iv) The office to telephonically call for record and proceeding. Judge. Judge. Judge.