1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.244 OF 2009 Baloba Maruti Ghodake & Ors. ..Appellants V/s Baban Maruti Barhate & Ors. Respondents ---- Mr.G.S.Godbole i/by S.S.Kanetkar for the appellants. Mr.V.S.Deokar i/by M.B.Jadhav for the respondent nos.1(a) to 1(c). ---- Coram : R.S.MOHITE,J Date : 12th October, 2009. PC 1 This is an appeal against an order of remand. From the history, I find that the predecessor of the defendant as well as present respondents are grossly negligence in pursuing their rights. The plaintiff’s suit is of the year 1979. It was first decreed against the defendants in the year 1980. That order was set aside but it was again decreed ex- parte in the year 1983. The plaintiff then filed an execution proceedings and the original defendants filed an application for setting aside 2nd ex-parte decree which came to be dismissed. The original defendants then filed a writ petition which was allowed after 13 years in the year 2000. It appears that in the meanwhile, during the pendency of the writ petition, the original defendant had died. The Court therefore, allowed his heirs to file their written statement. It appears that once again the heirs were negligent and there was no cross-examination of the plaintiff’s witness and in such circumstances, suit came to be 2 decreed on 17.1.2000. Heirs of the defendant then filed an appeal along with application for condonation of delay which application came to be dismissed on 11.8.2004. Against that order, Writ petition was allowed on 8.3.2006. Ultimately the appeal has been once again remanded. In my view, the record indicates that the heirs of the original defendant also have been grossly negligence. It is also clarified that pending the disposal of the suit, status-quo as of today will prevail. I am not inclined to entertain the appeal because that will entail a further suffering for the plaintiff who has been agitating his rights for more than 30 years. In the circumstances, appeal is disposed off subject to the directions as given in this order. The present respondents are directed to pay cost of Rs.10,000/- to the appellants. Advocate for the respondents makes a statement that cost will be paid within a period of four weeks from today. The statement is accepted. Since the suit is of 1979, the trial Court is directed to dispose off the said suit on or before 31.7.2010. (R.S.MOHITE,J) 3