ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.3610 OF 2007 APPLICATION NO.3610 OF 2007 APPLICATION NO.3610 OF 2007 & CIVIL CIVIL CIVIL APPLICATION NO.4101/2007 APPLICATION NO.4101/2007 APPLICATION NO.4101/2007 IN IN IN FIRST FIRST FIRST APPEAL NO. 1976 OF 2007 APPEAL NO. 1976 OF 2007 APPEAL NO. 1976 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Makarand Adkar with Bharat Joshi i/by Mr. Sangramsingh Yadav for the applicant. Mr. V.M.Thorat i/by Ms. Kanchan Kambali for respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 22nd August, 2007 : 22nd August, 2007 : 22nd August, 2007 P.C. P.C. P.C. 1. The learned counsel appearing for the plaintiff, respondent herein on instructions of Mrs.Urmiladevi Bhojraj Nimbalkar, wife of the Appellant, make a statement that they will not execute the judgment and decree in question pending the final disposal of the first appeal. 2. The defendants appellant herein undertake not to create third party interest or alienate ( 2 ) the property in question pending the disposal of the present first appeal. 3. In view of this, the learned counsel appearing for the respondents not pressing Civil Application No. 4101 of 2007. The appellant as well as one of the contesting respondents are senior citizen and even otherwise, considering the facts and circumstances of the case as appeal is already expedited, it is fixed for final hearing in week commencing from 19th November, 2007. 4. The respondent undertake to file private paper book within eight weeks. 5. In view of this, the Civil Application Nos. 3610 of 2007 as well as 4101 of 2007 are disposed ( 3 ) of, accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA, V. MOHTA, V. MOHTA, J.] J.] J.]