1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION S. NO.814/2011 IN SECOND APPEAL NO.247/2011 Jairam s/o Laxman Sawarbandhe (Dead) through L.Rs. Smt. Pramila wd/o Jairam Sawarbhande and others ...Versus... Sheshrao s/o Baldeo Patil and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [S/Shri S.D. Deshpande, H.D. Dangre, Advs. for appellants] [Shri P. Kothari, Adv. for respdt. no.1] CORAM : A.B. CHAUDHARI, J. DATED : 28.11.2011. Heard. This second appeal was admitted by order dated 15.6.2011, wherein four questions were framed and interim relief was granted on that day. This civil application has been taken out by respondent no.1 for vacating the stay order on the grounds that (i) the undertaking that was furnished in the lower appellate Court has been violated by the appellants; (ii) the appellants have created third party interest and that is why the interest of the respondents will have to be secured and (iii) the material facts have been suppressed by the appellants at the time of obtaining stay order. 2 It is not in dispute that the suit of the respondents/plaintiffs was dismissed by the trial Court and then the lower appellate Court has reversed the decree of the trial Court. Having heard learned Counsel for the rival parties, I find that certain questions are required to be determined in the present second appeal, without which it is not possible to come to conclusion. In that view of the matter, parties are directed to preserve the properties as they are. With these observations, this civil application is disposed of reserving liberty in favour of the respondents to apply for early final hearing since the suit relates to the year 1983. Learned Counsel for the appellants undertakes to file private paper book with copies of depositions, relevant documents and undertakes to give advance copy to learned Counsel for respondent no.1, who shall verify and may, if he so desires, add the documents, which he chooses. Learned Counsel for the appellants to check up the paper book and respond thereafter within two weeks. Thereafter, the respondents are at liberty to apply for early final hearing in view of the above. JUDGE ssw