{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.121 OF 2009 Shaikh Ahmed Shaikh Gulab APPLICANTS VERSUS Khandu Khandagale RESPONDENTS ....... Mr. B.V.Dhage, Advocate for applicant Mr. R.T.Nagargoje, Advocate for respondent ....... [CORAM : A.V.POTDAR, J.] DATE: 29th March 2010 PER COURT: 1. This Appeal From Order arises out of the interim order dated 12.08.2009. It appears that though the appeal is admitted on 16.11.2009 yet there is no stay to the proceedings before the trial court. 2. It is informed that in the Special Civil Suit No. 225/2009, before the trial court, evidence of plaintiff is over on 15.03.2010 and oral evidence close pursis is already filed on behalf of the plaintiff. The appellant / defendant has field affidavit of examination in chief and now the matter is listed for cross {2} examination of the defendant. The appellant / defendant, has stated that he is going to examine the defendant only. In the premise, instead of deciding the present Appeal From Order, it is desirable to direct the trial court to dispose of the suit itself, within a stipulated time so that the purpose of the parties would be served. 3. Considering the stage of proceedings before the trial court, trial court is directed to dispose of the special civil suit No. 225/209 on or before 5th May 2010. Appeal From Order stands disposed of accordingly. Parties to act on the authenticated copy of this order. Rule stands discharged. [A.V.POTDAR, J.] drp/A10/ao121-09 {3} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10590 OF 2009 WITH CIVIL APPLICATION NO.1280 OF 2010 IN APPEAL FROM ORDER NO.121 OF 2009 Shaikh Ahmed Shaikh Gulab APPLICANTS VERSUS Khandu Khandagale RESPONDENTS ....... Mr. B.V.Dhage, Advocate for applicant Mr. R.T.Nagargoje, Advocate for respondent ....... [CORAM : A.V.POTDAR, J.] DATE: 29th March 2010 PER COURT: 1. The Appeal From Order No.121/2009 is disposed of with the directions to the trial court to dispose of the special civil suit No.225/2009 till 5th May 2010 and hence the present civil applications do not survive and therefore, both the civil applications stand disposed of accordingly. [A.V.POTDAR, J.] drp/A10/ao121-09