: 1 : 1786-11-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1786 OF 2011 IN FIRST APPEAL NO. 925 OF 2011 Smt. Bhagirathi Haribhau Yadav & Ors. .. Applicants v/s. Dnyaneshwar Vishnu Kate & Ors. .. Respondents ......... Mr. R.B. Rabhuvanshi, Sr. Advocate i/b Mrs. Rutuja Ambekar for the applicants Mr. S.G. Kudle with Mr. S.N. Wakehawre for respondent no.10. ......... CORAM : A.V. NIRGUDE, J DATE : 30th NOVEMBER,2011. P.C. : 1. Heard. This application seeks continuation of the interim order passed in favour of the appellants plaintiffs till the disposal of the appeal. The interim order passed during the pendency of the suit was passed by this Court on 6th September, 2010 in A.O. No.976 of 2010. This Court directed the parties to maintain status-quo on that day. The respondent : 2 : 1786-11-caf=.sxw no.10 who is now opposing the application at that stage informed the Court that they are in a possession and that work of construction was going on. Despite of such statement, the Court directed the parties to maintain status-quo and with the result, the respondent no. 10’s construction work has come to stand still. This position continued till the disposal of the suit in 2011. During the pendency of the appeal, initially when the appeal was filed, the order of 6th September, 2010 referred to above is continued. The respondent no.10 is anxious to get the order vacated so that he would continue the construction work. The learned Counsel appearing for him even offered that if his client is allowed to continue the construction, it be made subject to outcome of the appeal. 2. In my view, the only solution to this is to pass an order expediting the hearing of the appeal. If the respondent no.10 is allowed to continue the construction, there would be further complications in the case and they should be prevented. 3. The application is allowed in terms of order dated 6th September, 2010 passed in AO No.976 of 2010. R & P be called for. Print and paper book stands dispensed with. The appeal shall be heard finally on the next : 3 : 1786-11-caf=.sxw date. Adjourned to 9th January, 2012. 4. The appellant shall secure the service of notices to the respondents privately and file affidavit of service. I am told that the other respondents did not contest the suit and so to this appeal, they are formal parties. Some of them are already served with private notices. I am told that they have sent the notices back refusing delivery. In view of this, if the appellant files affidavit of service within 2 weeks from today, the office is directed not to insist on Bhatta charges and shall not issue Court notices to the remaining respondents. (A.V. NIRGUDE, J.)