1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.122 OF 2011 IN SECOND APPEAL NO. 321 OF 2009 Pandurang Khandu Bhagyawant (since deceased) through L.Rs. Versus Mahadeo @ Mahadu @ Madhav s/o Khandu Bhagyawant (since deceased) through L.Rs. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri Rohit Joshi, Advocate for the appellants, Shri S.R. Deshpande, Advocate for respondent Nos. 1(B)(C)(D), CORAM : R.M.SAVANT, J. DATED : 18.02.2011. By the above Civil Application, the applicants/ respondents seek permission to sell part of the property which is subject matter of the above appeal. The issue in the above Appeal as to whether the suit property is the self acquired property of the applicants above named or is a joint family property. There are concurrent findings recorded in favour of the appellants that it is a self acquired property. The applicants submit that assuming that it is held to be a joint family property, the applicants would still be entitled to 1/3rd share in the said property. The total area of land is 34.28 acres and therefore, the applicants be permitted to sell their share in the suit property. 2 The appeal has been admitted on 27th August, 2009 and there is an ad interim relief operating against the respondent including the applicants above named. In my view, the relief sought in the Civil Application cannot be granted as it would result in further complicating the issue as the question about identifying the 1/3rd share etc. would arise. In my view, therefore, instead of granting the prayer in the Civil Application, it would be just and proper to expedite the hearing of the Second Appeal. The Second Appeal is of the year 2009. The hearing of the Second Appeal is, therefore, expedited. The Second Appeal to be placed for final hearing and disposal in the week commencing from 13th June, 2011. The Civil Application is accordingly disposed of. JUDGE pma