IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1246 OF 2008 CIVIL APPLICATION NO. 1246 OF 2008 CIVIL APPLICATION NO. 1246 OF 2008 IN IN IN SECOND APPEAL NO. 395 OF 1991 SECOND APPEAL NO. 395 OF 1991 SECOND APPEAL NO. 395 OF 1991 Ashik Husen Kikabhai & Ors. .. Applicants Versus ShriTrambak Bapurao Hande (Deceased) by his legal Representatives: A) Smt.Bhagirthibai Trambakrao Hande & Ors. ... Respondents Mr. Anilkumar Patil, Advocate, for the applicants. Mr. A.H.Palekar, Advocate, for the respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 5th September,2008 DATE: 5th September,2008 DATE: 5th September,2008 P.C. P.C. P.C. 1. In Civil Application No.4028 of 1991 in Second Appeal No.395 of 1991, interim stay on usual condition was granted to the applicants by order dated 28.8.1991 by the Additional Registrar. The security was not furnished as per that order and, therefore, the said interim order came to be vacated on 20.3.1998 by the Additional Registrar. That order of the Additional Registrar came to be set aside by the Court on 10.10.2001 in C.A.No.3235 of 1998 with a direction to the appellant to furnish security in terms of the order which means the original order within six weeks, failing which the application for seeking interim relief shall be deemed to have been rejected. Admittedly, inspite of that order dated 10.10.2001, the appellant did not furnish the security within the stipulated period or thereafter. 2. Now, this Application is filed on 10.7.2008 i.e. after about six years. Taking into consideration the lapse on the part fo the appellant and his failure to comply with the conditions of the interim order, I do not see any justification to pass any fresh order in his favour. Therefore the application stands rejected. 3. The appellant is allowed to file paper book within four weeks and in that case the appeal be listed for final hearing. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)