MP -1- WP289-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 289 OF 2010 WITH CIVIL APPLICATION NO. 1129 OF 2010 Smt. Chandrabhaga Appa Kamble and others .. Petitioners Versus Narmada Jagannath More and another .. Respondents Mr. Rajaram V. Bansode for the Petitioners. Mr. J. S. Kapre for Respondent No. 1. CORAM : B.R. GAVAI, J. THURSDAY, JANUARY 27, 2011 P. C. : Rule. The petition is taken up for hearing by consent. 2. By way of present petition, the petitioner challenges the order dated 17th December 2009 passed by the learned III Joint Civil Judge, Senior Division, Satara below exhibit 53-A in Special Civil Suit No. 49 of 2006 for the stay of the said suit pending the hearing of the Regular Civil Appeal No. 378 of 2009 pending before the learned District Judge, Satara which came to be rejected. 3. The Respondent has himself filed a Civil Application No. 289 of 2010 stating therein that he has no objection for stay of the said suit till disposal of Regular Civil Appeal No. 378 of 2009. 4. In that view of the matter, the petition is allowed. Impugned order dated 17.12.2009 is quashed and set aside. The MP -2- WP289-10 proceedings in Special Civil Suit No. 49 of 2006 are stayed till the disposal of Regular Civil Appeal No. 378 of 2009 filed by the Respondent No. 1. However, taking into consideration the facts and circumstances, the learned District Judge is directed to expedite the hearing of the Regular Civil Appeal No. 378 of 2009 and dispose of the same as expeditiously as possible and in any case within a period of two months from today. 5. Needless to state that, after the appeal is decided, the suit before the learned Trial Court shall proceed in accordance with law. 4. Rule made absolute in the aforesaid terms with no order as to costs. 5. In view of disposal of petition, nothing survives in the civil application. The civil application is disposed of accordingly. (B.R. GAVAI, J)