1 ao962.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order No. 962 of 2010 WITH Civil Application No. 1175 of 2010 IN AO 962/2010 Bapu Bhau Chougule & ors. ...Appellant v/s. Mahaveer Tatya Sakale & ors. ...Respondents Mr. Amit Sale for the appellants. Mr. S.G. Deshmukh for the respondents. CORAM:- B.R. GAVAI, J DATED :- JANUARY 24, 2011. P.C. The present Appeal arises out of the order passed by the Learned District Judge dated 7th April, 2010 thereby rejecting the Application filed by the present Appellant for stay to the decree passed in favour of the Respondents-Plaintiffs. 2. The suit in question is filed in the year 1995. The suit came to be decreed in 2007. After the suit was decreed by an ex-.parte interim order 2 ao962.10.sxw dated 24th October, 2007 in Regular Civil Appeal No. 372/2007, the Learned District Judge stayed the operation of the impugned decree. The same was in operation till the impugned order was passed. Even subsequently, vide order dated 13th September, 2010, this Court has directed that Appellants be allowed to use the said way till the next date. 3. Shri Deshmukh, Learned Counsel for the Respondents submits that as a matter of fact there is no way and only after the order was passed by this Court, the way has been created. 4. I find that since the interim protection is granted in favour of the present Appellants, right from 24th October, 2007 by the Learned Appellate Court and which came to be continued by this Court, the interest of justice would be subserved by directing the Learned Appellate Court to decide the Appeal itself within a period of three months from today. 5. The Appeal is, therefore, disposed of with a direction that the Learned Appellate Court to decide the Appeal within a period of three months from today. 3 ao962.10.sxw 6. However, it is clarified that this Court has not considered the merits of the matter and Appeal would be decided on its own merits after considering the rival submissions made on behalf of the parties. 7. Needless to say that the interim protection granted in favour of the Appellants shall continue till disposal of the Appeal. (B.R. GAVAI, J)