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.5328 of 2008 CIVIL APPLICATION NO.5328 of 2008 CIVIL APPLICATION NO.5328 of 2008 a/w a/w a/w CIVIL APPLICATION NO.45 OF 2009. CIVIL APPLICATION NO.45 OF 2009. CIVIL APPLICATION NO.45 OF 2009. IN IN IN FIRST APPEAL NO.1041 of 2004. FIRST APPEAL NO.1041 of 2004. FIRST APPEAL NO.1041 of 2004. Punshi K. Chheda & Ors. ..Applicants/ Appellants versus Mr.G.Pratosh Arun & Anr. ..Respondents Pankaj Shah for the applicant Mr.Y.M.Chaudhari for the respondent No.1 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 6th April, 2009. DATED : 6th April, 2009. DATED : 6th April, 2009. P.C. 1. Heard learned Advocates on both the sides in the respective Civil Applications. Learned Advocate for the appellant seeks more time to execute the Conveyance, though by Order dated 5.10.2007 sufficient time was granted. Learned Advocate for the respondent claims that as the Conveyance is not executed, the Order passed by the Court is not complied with and as such the appeal is required to be dismissed. 2. On enquiry as to why the conveyance is not executed, the Court was informed that certain -2- proceedings in the Testamentary & Intestate Jurisdiction has been filed. The report is pending and as a result of that the person who should execute the conveyance is not getting confirmed. Merely because the appellants have not executed the conveyance as may have been directed in the past, in my view, cannot be the ground for dismissing the appeal. 3. Both the civil applications are required to be dismissed. The conduct of the appellants can be viewed as regards the execution of the conveyance as and when the appeal comes up for hearing. 4. Needless to mention, that the appellant, if are desirous to include the evidence may do so as and when they feel it convenient. 5. Appeal to come up for hearing in due course. 6. Accordingly, both the civil applications are dismissed with no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)