FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.9373 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr A.S.Khandeparkar, i/b Khandeparkar & Associates for the petitioners. CORAM: D.B.Bhosale,J. DATED: 07.02.2008 P.C.: Heard learned counsel for the petitioners. This petition is directed against an order dated 19.7.2007, by which the application filed by the petitioners seeking stay of the judgment and decree passed by the trial Court in Regular Civil Suit No.01 of 2001 during pendency of the appeal, has been dismissed. It appears that two suits were filed; one by the petitioners and the other by the respondents. Both the suits were decided against the petitioners and hence they filed two appeals bearing Regular Civil Appeal Nos 54 of 2007 and 55 of 2007. Both the appeals are pending for hearing before the appeallate court. During pendency of Appeal no.54 of 2007, the petitioners filed an application at Exhibit-7 which came to be rejected by the impugned order. There is no dispute that during pendency of the suit, no interim order was passed by the trial court in favour of the petitioners. It appears that Regular Civil Suit No.94 of 2004 filed by the petitioners for declaration that he is the owner and in possession of the suit land, has been dismissed. Considering the overall facts and circumstances of the case and the dates of the judgment and order passed by the trial court as also of the impugned order, I am satisfied that no interference in writ jurisdiction under Article 227 of the Constitution is called for at this stage and the interest of justice would be met if directions are issued to the appellate court to dispose of both the appeals within timeframe. Hence I pass the following order. The appellate court shall decide Regular Civil Appeal Nos 54 of 2007 and 55 of 2007 as expeditiously as possible and preferably within a period of six months from the date of receipt of this order on merits in accordance with law and without being influenced by the observations made in the impugned order. Parties are directed to co-operate for disposal of the appeals within the timeframe and refrain from seeking adjournments on frivolous grounds. The writ petition is accordingly disposed of. (D.B.Bhosale, J.)