IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.398 of 2009. CIVIL APPLICATION NO.398 of 2009. CIVIL APPLICATION NO.398 of 2009. IN IN IN SECOND APPEAL NO.980 of 2005. SECOND APPEAL NO.980 of 2005. SECOND APPEAL NO.980 of 2005. Raghunath Bhiku Mhatra @ Saikar ..Applicant/ (Respondent- Org. Defendant) versus Shri Krishna Baban Gandhile & Others ..Respondents (Appellants- Org. Plaintiffs) Mr.S.J.Rairkar for the applicant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 4th May, 2009. DATED : 4th May, 2009. DATED : 4th May, 2009. P.C. 1. This Civil Application is for fixing an early date of hearing. 2. The Court is informed that Civil Application No.1400 of 2008 is pending wherein prayer for joining some more persons as party respondents is pending. If this be so, today one does not know when that application will be disposed of. As such, this application cannot be kept pending until the Civil Application No.1400 of 2008 is decided. Hence the Order. -2- ORDER i. Civil application is dismissed with no order as to costs. ii. Liberty to apply for early hearing, after Civil Application No.1400 of 2008 is decided. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)