1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.3 OF 2010 WITH CIVIL APPLICATION NO.508 OF 2010 Prafulla s/o Bhaskar Kulkarni & ors. ... APPELLANTS VERSUS Mohammed Ashfaq s/o Mohammad Siddique Motiwala & ors. ... RESPONDENTS ..... Shri A.M. Dabir, Advocate for the appellants Shri D.S. Bharuka, Advocate for respondents No.1 & 2 Shri N.T. Tribhuwan, Advocate for respondent No.3. ..... CORAM : K.U. CHANDIWAL, J. DATE : 22nd October, 2010 PER COURT: 1. Heard. The learned counsel for appellants and respondent No.3 submit that, Special Civil Suit No.353/2009 can be directed to be expeditiously heard, keeping the orders dated 13.1.2010 of not to create third party interest concerning disputed property by the respondent, intact. 2. Mr. Bharuka, learned counsel for respondents No.1 and 2 submits that the order dated 13.1.2010 need not be extended. The respondents have paid amount to original vendor, 2 acknowledged by receipts and the position of the inadequacy of consideration will not give any scope to the rights in favour of the appellants. 3. At this stage of the matter, when the appellants assert rights in the immovable property, being sons of the vendor, without further adverting to the merits in their contention, the order dated 13.1.2010 to remain in force till disposal of the suit. The learned Judge seized with the matter shall ensure to complete the hearing within 15 months after receiving the writ. Both the parties shall not seek unnecessary accommodation from the learned Judge. Appeal from Order disposed of with above indication. No costs. 4. In view of disposal of the Appeal from Order, Civil Application No.508/2010 stands disposed of. K.U. CHANDIWAL JUDGE fmp/ao3.10