1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR APPEAL AGIANST ORDER NO. 109/2007 Smt. Vandaqna Suresh Verma ..versus.. Shivshankr Rataqnlalji Khamele and another =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Shri R.S.Sundarami, Counsel for appellant. Shri A.J.Thakkar, Counsel for respondent nos.1 & 2 . C ORAM : K.U.CHANDIWAL, J. DATED : 28th JUNE, 2010. Mr. Sundaram, learned counsel, informs, respondent no.1 has expired. 2) On the application by the learned counsel for the petitioner, permission to delete the name of Respondent no.1 in the light of averments made in the application, disclosing that the legal representatives are already on record, the deletion is allowed. 3) Additional affidavit of appellant with xerox copy of one document is tendered. The counsel, if desires to make use of such copy, should provide a typed copy or legible copy. 2 4) Heard. 5) The rejection of Exh.5 in Special Civil Suit No. 649/2007 is questioned by the plaintiff. The relations of plaintiff with the present respondent no. 2 to be brother is not in controversy. The father Shivshankar is no more. 6) Considering the peculiar nature of the property and the controversy raised, as one of the party informed that there was a relinquishment deed dated 6th October, 1994, being a registered document, all these aspects will have to be gone into by evidence. 7) For the present, without further dissecting the merits, the interim protection in favour of appellant/plaintiff restraining the defendant/respondent no.2 from alienating the property, to remain in force till disposal of the suit. 8) Both the parties have agreed to coordinate and cooperate the learned Judge seized with the matter to complete the trial within a period of six months from the date of receiving the writ. The learned Judge shall ensure to complete the trial within six months. He shall not entertain any adjournment, in particular from the plaintiff. If any such exercise is made, the learned Judge 3 is at liberty to vacate the interim relief. 9) With these observations and directions appeal against order disposed of. No costs. (K.U.Chandiwal) JUDGE. Rvjalit