1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NOS. 747 & 748 OF 2010 IN FIRST APPEAL NO. 998 OF 2010 M/s Samaniya Impex Pvt. Ltd. thr its Director Sunil Gopal Agrawal Vs. Prnabi @ Shakunbai Rambhau mendhe & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri N. Anil Kumar Adv for applicant. Shri N. S. Popat Adv for non applicant/respondent 2. CORAM: .R. M. SAVANT J. Dated: 14 th FEBRUARY, 2011. By the above civil application the applicant seeks interim relief pending the Appeal. The suit filed by the applicant/appellant has been partly decreed to the extent that defendants have been directed to refund the amount paid by the applicant/appellant who is the original plaintiff. There is an ad interim relief operating in the above appeal by virtue of the order dated 15.10.10, the ad interim relief is to the effect that the respondents are restrained from either alienating the suit property or creating any third party interest in the suit property. The learned counsel 2 appearing for respondent no.3 who is supposedly in possession of more than 90% of the property in question agrees for the continuation of the said ad interim relief. None appears for the respondents 1 and 4 who are in possession of part of the property, to the extent of 0.4 R. Civil Application is therefore allowed in terms of prayer clause (i). Civil Application is disposed of accordingly. First Appeal No. 998 of 2010: Admit. C. A. F. No. 748 of 2010: Above civil application has been filed seeking early hearing of the above appeal. Learned counsel for the applicant/appellant states that the cognate First Appeal No. 170 of 2002 is likely to be listed for final hearing as per its turn in the near future. In my view therefore no specific order for the expedition of the above First Appeal is necessary. List the First Appeal No. 998 of 2010 along with First Appeal No. 170 of 2002. JUDGE svk 3 4 5