:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 6323 OF 2007 Vasudev B.Khade & Ors ...Petitioners Versus Smt.Shantabai Y.Khade since deceasead by her legal representatives ....Respondents ====== Mr.S.G.Deshmukh, Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. 29th January, 2008. P.C. P.C. P.C. : : : 1. The order under challenge is an interim order. The Appeal is pending. 2. However, when the petition was placed for admission, a submission was made before this court that the petitioners are ready and willing to keep apart the share of the respondent calculated in terms of money. This submission was made on account of the fact that :2: :2: :2: both sides are related to each other. 3. Further, additional Affidavit is filed by Sadashiv Keshav Khade on behalf of the petitioners in which it has been pointed out that the respondent no.2 has not responded to the court notice. In paras 4 to 6 of this additional Affidavit, there are certain events set out and in the subsequent part, it is contended that the land being in possession of the petitioners, there is continuous obstruction thereto and even police complaints were filed. The petitioners were arrested. 4. These events are set out in the additional Affidavit dated 4.12.2007. 5. In my view, the order under challenge has been passed during the pendency of the Appeal on 6.7.2007. If there are certain events which are to the knowledge of the petitioners or which are now placed on record, then, nothing prevents the petitioner from moving the lower Appellate Court afresh. Even the filing of this Writ Petition and the order passed by this court on 12.9.2007, so also, the event in further Affidavit can :3: :3: :3: be relied upon. I have no doubt in my mind, that the learned Judge to whom the Appeal is assigned will take cognisance of this request of the petitioners and pass appropriate orders in accordance with law during the pendency of the Appeal. Needless to state, that if such an Application is made, the learned Judge to consider it without being influenced by the observations in the earlier order and considering the events that have occurred thereafter. All contentions in that behalf are kept open. Petition is disposed off. No costs. ******