1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3322 OF 2009 Rohidas Pandurang Nimbalkar & Anr. ..Petitioners. V/s. Namdev Balaji Balwadkar since deceased through his heirs and ors. ..Respondents. Mr.G.S.Godbole i/b. Mr. Siddharth Roghe for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. P.C. : P.C. : P.C. : 1. Counsel for the Petitioners in all fairness points out that in view of the subsequent decision of the Apex Court between the parties in Civil Appeal arising out of SLP(C) No.9966 of 2007 decided on 16th March, 2009, the Appeal before the District Court would get revived. In that case, the execution proceedings cannot be continued any further which were initiated on the basis of the decree dated 16th February, 1991, till the said appeal is finally disposed of or the Appellate Court was to pass appropriate order in that behalf. In the circumstances, this Petition is disposed of as infructuous. 2 2. Counsel for the Petitioners prays that minimum indulgence be shown to the Petitioners by directing the Appellate Court to finally dispose of the appeal expeditiously as the same though numbered as Civil Appeal No.262 of 2000, in fact pertains to decree passed in the year 1991 against which appeal was pending in this Court and was required to be transferred because of enhancement of pecuniary jurisdiction of the District Court. The Petitioners would be free to make that request before the Appellate Court who in turn will consider the same appropriately. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)