1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1280 OF 2005 IN SECOND APPEAL NO.261 OF 1990 Karim Allabaksh Bagwan (Since deceased through his LR's) Husenabi Karimbhai Bagwan & Ors. ..Appellants V/s. Shankar Shriram Tapase & Ors. ..Respondents Mr.Sandeep Koregave for the Appellants/Applicants. Ms.Manisha Shekhar i/b.J.Shekhar & Co. for Respondent No.1. CORAM : R.M.SAVANT, J. DATED : AUGUST 6TH, 2008. P.C. By the above Civil Application, the Applicants/original Appellant seeks restoration of the Second Appeal which has been dismissed for non- 2 prosecution on account of the conditional order dated 9th June, 2004. By the said conditional order, the Appellants/Applicants were directed to file paper book in the prescribed time as mentioned therein. On account of non-compliance of the said conditional order, the Appeal which was admitted was dismissed for non-prosecution. It appears that there was an interim relief operating in favour of the Appellants/Applicants. However, on account of the dismissal of the Appeal for non-prosecution, the said interim relief also came to an end. 2. Mr.Gharge appearing for the contesting Respondents has no objection to the Appeal being restored but has objection to the interim order being restored The objection is on the ground that the execution proceedings for execution of the decree are presently being proceeding with. 3. The Civil Application is therefore 3 allowed in terms of prayer clauses “a” and “a(1)”. In so far as restoration of stay is concerned, it is clarified that the execution proceeding may proceed, however, the Appellants/Appellants herein should not be evicted from the premises in question pending the hearing and final disposal of the above Appeal. 4. The Civil Application is, accordingly, disposed of. 5. In view of the fact that now Ms.J.Shekhar and Co. are now appearing for the contesting Respondents, Shri P.D.Gharge, the learned Advocate appearing earlier for the Respondents is discharged. [R.M.SAVANT, J.] 4