{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.140 OF 2009 Ozar Budruk Gram Panchayat & others APPELLANTS VERSUS Bhagwat Namdeo Khemnar & others RESPONDENTS ....... Mr. A.S.Bajaj, Advocate for appellants Mr. A.N.Nagargoje, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE: 7 th April 2010 PER COURT: 1. By this appeal from order, the appellant, appellant in RCA No.92/2007, has assailed the order of refusal of interim injunction during the pendency of the Regular Civil Appeal. 2. Heard learned counsel for the appellant followed by the submissions of learned counsel for respondent No.1. None for respondents No.2 to 4, though duly served. 3. Admittedly, by filing Regular Civil Suit No.38/2002 the present appellant has challenged the judgment and decree passed {2} in favour of present respondent No.1 in RCS No.337/2001. It appears that the said suit was filed by respondent No.1 against respondents No.2 to 4, came to be decreed ex parte. It appears that the decree passed in the said suit was challenged by respondents No.2 to 4 by way of regular appeal, however the said regular civil appeal came to be dismissed, as none had appeared on behalf of the present respondents No.2 to 4. As the appellant claims that they are the custodian of the property for which suit for declaration is filed, their right will be jeopardized. 4. When this appeal from order came up for hearing, learned counsel for appellant states that the matter can be disposed of without touching to the merits, if the hearing of Regular Civil Appeal No.92/2007 is expedited. Accordingly, the Appeal From order is disposed of. 5. Hearing of Regular Civil Appeal No.92/2007 pending on the file of District Judge-2, Sangamner is hereby expedited. Learned District Judge-2 Sangamner is hereby directed to dispose of the Regular Civil Appeal No.92/2007 as expeditiously as possible and in any case on or before 31.08.2010. Both the parties are directed to cooperate in expeditious disposal of the appeal. 6. Till final disposal of the Regular Civil Appeal No. 92/2007 the parties are directed not to create any third party interest in the suit property and not to change the nature of the {3} suit property. With these directions the Appeal From Order stands disposed of. Parties are directed to appear before the lower court on 29.04.2010. [A.V.POTDAR, J.] drp/B10/ao140-09 {4} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12444 OF 2009 IN APPEAL FROM ORDER NO.140 OF 2009 Ozar Budruk Gram Panchayat & others APPELLANTS VERSUS Bhagwat Namdeo Khemnar & others RESPONDENTS ....... Mr. A.S.Bajaj, Advocate for appellants Mr. A.N.Nagargoje, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE: 7 th April 2010 PER COURT: 1. As the appeal from order is disposed of, the present civil application does not survive and hence disposed of accordingly. [A.V.POTDAR, J.] drp/B10/ao140-09