1 ca11545.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 11545 of 2009 in Second Appeal No. 108 OF 1987 Shamimbi w/o Sk. Moosa Applicant V E R S U S Nandakishor Shaligram Jaiswal (died) through LRs & Anr. Respondents Mr. A.S. Gandhi, Advocate for the applicant Mr. A.P. Bhandari, Advocate for respondent Nos. 1A & 1B CORAM : A.V. NIRGUDE, J. DATED : 19th July, 2011 ORAL ORDER : 1. Heard. 2. This application is moved for condonation of delay in seeking restoration of the appeal, which was abated as against respondent No.2, who died long back. Her legal representatives are now to be brought on record. For the reasons mentioned in the application, the application is allowed fully, but subject to payment of costs of Rs.1,500/-. The applicant / appellant shall amend the appeal-memo accordingly. 3. Respondent Nos. 1A & 1B’s Advocate made an application orally and sought direction against the appellant that she shall not dispose of the property during pendency of the appeal. He informs orally that it is recently learnt that she is taking steps for disposal of the property. The learned Advocate appearing for the appellant said that he is not aware of such move, but, he said, he would take instructions. Until he takes instructions, 2 ca11545.09 the appellant shall not alienate the suit property and in any way create third party interest. 4. The appeal is very old of 1987 and the parties should make endeavour to make their submissions as soon as possible. 5. The appeal shall be heard finally on 18th August, 2011, at 02.30 p.m. ( A.V. NIRGUDE, J. ) SRM/