1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF No.283/2011 in First Appeal No.1/2008 Hairhar Narayanrao Daterao Vs. Smt. Usha Purushotta Daterao. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. V. A. Kothale, Advocate for the applicant/appellant. Mr. Anjan De, Advocate for Respondents 12, 4,5, 6 and 7. CORAM : R.M. SAVANT, J. DATED :28/2/2011. By the above civil application, the applicant/appellant seeks interim stay of the judgment and decree dated 31.7.2007 which is the subject matter of the above First Appeal. The above Civil Application has been opposed by the contesting respondents by filing affidavit in reply in which it has been stated that the earlier application being Civil Application No. 1323/2010 filed by the applicant/appellant has been dismissed for non-prosecution and hence the present civil application is not maintainable. The learned counsel for the applicant/appellant relies upon Order dated 18/1/2011 passed by this Court in the above Civil Application No. 2244/2010. In my view, the reliance placed on the said order is misconceived as this Court has merely observed that the applicant would be at liberty to move the above Civil Application but has not observed anything on merits as regards its maintainability. In view of the fact that the earlier Civil Application 2 No.1323/2010 has been dismissed for non-prosecution, the objection of the contesting respondents has merits. In my view, therefore, the above Civil Application No.283/2011 is not maintainable and is disposed of as such. However, it would be open for the applicant/appellant to apply for restoration of the Civil Application No.1323/2010. JUDGE Ambulkar