1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.1047 OF 2010 WITH APPEAL FROM ORDER NO.1015 OF 2007 Shri Pandurang B. Naik Since deceased, through his legal heirs 1a. Smt. Laxmibai P. Naik & Ors. ...Applicants/Appellants. v. Shri Vishal C. Kele & Ors. ...Respondents. Mr. Nitin Patil i/by Uday P. Warunjikar, advs., for the Applicants/Appellants. Mr. Prasad Kulkarni i/by P.S.Dani, advs., for the respondents. CORAM : J.H.Bhatia, J. DATE : 8th October, 2010 P.C.: 1 This application is taken out for restoration of the Appeal From Order No.1015 of 2007, which was dismissed for non service on the respondents in spite of the conditional order. The matter stood dismissed on 9th May, 2008. This application is also now pending for more than two years. It appears that Appeal From Order was taken out against the order passed below Ex.5 restraining the defendants from creating any third party interest pending the suit. Suit itself is pending for the last more than four years. In my considered opinion, no purpose will be served by reviving the appeal against order. Interest of 2 justice will be better served if the trial Court is directed to dispose off the suit itself. 2 Application stands dismissed. However, the Civil Judge Senior Division, Panvel is directed to dispose off the Special Civil Suit No.285 of 2009 as early as possible and preferably by the end of April, 2011. (J.H.BHATIA, J.)