1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11172 OF 2008 IN SECOND APPEAL NO. 498 OF 2001 Vasant Balu Patil (Died Through L.R.s) 1. Vijay S/o Vasant Patil and others .. Applicants Versus 1. Vishnu S/o Balu Patil and another .. Respondents Mrs. M. A. Kulkarni, Advocate for the Applicants. Shri S. P. Shah, Advocate for the Respondents. CORAM : N. D. DESHPANDE, J. DATE : 03RD NOVEMBER, 2009. ORAL ORDER : 1. Heard Mrs. Kulkarni the learned counsel for the applicant and Shri Shah the learned counsel for the respondents. The matter was earlier fixed for final hearing and stay was operating. As per the order, the appellant/respondent is depositing an amount of Rs. 5,000/- per annum. As such application for fixing the matter for early hearing in case stay is not vacated needs consideration, as no prejudice would cause to the opposite party/appellant because the matter was earlier fixed for final hearing. 2 2. The application is allowed. List the second appeal for final hearing after two weeks in the final hearing category. The civil application is disposed of. [ N. D. DESHPANDE, J.] bsb/Nov. 09