1 48 caa.158.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 158 OF 2011 IN APPEAL FROM ORDER NO. 99 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.S.Patwardhan for the Applicants. Mr. J. Shekhar i/b M/s. J.Shekar and Company for Respondent No.1. Mr. Tanaji Matungade i/b Mr.S.B.Deshmukh for Respondent No.2. CORAM : A.S.OKA, J. DATE : 17 th March, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants, the learned counsel appearing for Respondent No.1 and the learned counsel appearing for Respondent No.2. 2 Apart from the fact that the trial Court has not recorded any prima-facie finding as regards the alleged power of attorney executed by Respondent No.1 in favour of Respondent No.3, the Court has not considered the presumption under Section 85 of the Indian Evidence Act. The appeal has been admitted for final hearing. In the circumstances, ad-interim relief granted on 2 nd February, 2 48 caa.158.11 2011 deserves to be continued as interim relief. Accordingly, the application is disposed of by directing that the order dated 2 nd February, 2011 shall continue to operate as interim relief till the final disposal of the appeal. 3 Pendency of this appeal will not operate as stay of the proceedings of the suit and the trial Court will dispose of the suit expeditiously. [ A.S.OKA, J ]