1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4581 OF 2010 Parwatibai Baburao Pimple & Others Vs. Bhaurao L. Johare & Others Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri A. A. Naik Adv for petitioner. Shri A. R. Sambre Adv for respondents. CORAM: .B. P. DHARMADHIKARI J. Dated: 21 st SEPTEMBER, 2010. One of the contention of Shri Naik is that sell by respondent no.2 in violation of undertaking given before the Appellate Court, though his defence has been struck of, stay operating in favour of other co- owners has also been vacated. He, therefore, states that the appellate Court could not have objected said stay insofar as assurance of payment of petitioners is concerned Shri Sambre learned counsel points out that a joint say has been filed on 26.02.2010 before appellate Court by petitioners as also respondent no.2 contending that the transaction is a money lending 2 transaction and vendee has agreed to reconvey the property sold in 2010 season. He points that appellate Court has after considering the documents recorded a particular finding and such finding is not perverse. During the hearing I find that respondent no.1 (original plaintiff) has filed a Regular Darkhast for execution of decree for partition and separate possession. As yet precept itself has not been issued. In this situation interest of justice can be met with by directing the appellate Court to decide Regular Civil Appeal on merits on or before 31st March 2011. Accordingly proceedings in Regular Civil Appeal No. 141 of 2004 are expedited and the Court of District Judge-I Buldhana will try to dispose of that appeal finally by 31st March 2011. Parties to appear before that Court on 7th October 2010 and to communicate the orders to that Court. Rule is made absolute accordingly. Certified copy expedited. JUDGE svk 3 4 5 6