(1) CA. 1194.2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1194 OF 2007 IN SECOND APPEAL NO. 235 OF 2007 M/s. Rajeshwar Bhimrao Patil and Co. and others .. Applicants/ Appellants Versus Laxansigh S/o Rampratapsingh Hajari died through LRs. and others .. Respondents None present for the applicants-appellants Mr. A.S. Bayas, Advocate for the respondents CORAM : A.V. NIRGUDE, J. DATED : 24TH JULY, 2009 P.C.:- 1] Appellants’ advocate is absent. No ad-interim relief was granted on this application earlier. In view of this, application stands dismissed. Sd/- (A.V. NIRGUDE), JUDGE MENTIONED AT 2:30 PM.: 2] At the request of Shri S.S. Laddha, counsel for the applicants, the application is re-heard. Mr. Ladda pointed out and Shri Bayas, admitted that the respondent- (2) CA. 1194.2007 decree holder has initiated the execution proceedings, although, this second appeal has been admitted and the substantial question of law has been formulated. In such situation, the respondent suo-motu should have kept his decree in abeyance, but the respondent does not realise his responsibility. Therefore, he should be asked not to execute the decree till the disposal of the second appeal. 3] The respondents are directed not to execute the impugned decree, till the disposal of the second appeal. Hearing of the second appeal is expedited. Printing is dispensed with. Appellants shall circulate private paper book, within a period of three weeks from today. 4] Second Appeal be fixed for final hearing on 27th August, 2009. 5] A copy of this order, duly authenticated by the Court Sheristedar, be made available to the parties. Sd/- (A.V. NIRGUDE), JUDGE arp