IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5363 OF 2008 IN FIRST APPEAL NO.1131 OF 2002 Rajesh Rao )..Applicant Versus K.P.Ravi & Ors. )..Respondents ---- Mr.M.V.Holmangi for the applicant. Mr.Bobade i/by Jeetindra Ramugade for respondent no.1. Mrs.Swati Takarale for respondent no.4. ---- Coram : R.S.Mohite,J Date : 24.10.2008. PC 1. Heard the Advocates present. This is an application for setting aside the order dated 18.10.2008 dismissing the appeal. It is seen that though adinterim relief was obtained on 7.8.2002, the appellants have been unable to serve four respondents. The record indicates that no application has been made for substituted service or service by publication. The main contesting party in this case is respondent no.1 who is the original plaintiff. He is represented through an Advocate. In the circumstances, First Appeal is restored but it is made clear that the stay stands vacated. Even otherwise, it was not necessary to grant stay in : 2 : this case because the order holding that the bar of section 50 of the Bombay Public Trusts Act was not attracted to the suit. It is clear that if the appellants succeed in this Appeal, then even a decree if passed, in the suit would ultimately be set aside. It is seen that the suit has been stayed for a period of six years. The hearing of the suit is expedited and the same will be disposed off on or before 28.2.2009. Place the appeal for admission on 12.11.2008, not-with-standing the fact that some of the respondents have not been served. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)