1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2397 OF 2009 IN APPEAL FROM ORDER NO. 56 OF 2000 1) Dinkar Zipru Patil and another .. .. Applicants Versus Ratan Baliram Patil .. .. Respondent Shri P. P. Darak, Advocate holding for Shri S. D. Kulkarni Applicants. Shri A. S. Bajaj, Advocate for the Respondent. CORAM : S. P. DAVARE, J. DATE : 10TH JUNE, 2009. ORAL ORDER : 1. Perused. 2. The applicant (Original respondents No. 2 & 3) have preferred the present application requesting to fix up the present A. O. for early 2 hearing. 3. The applicants (original respondents No. 2 and 3) submit that the opponent has filed the present appeal against the judgment and order dated 21.11.1994 remanding the matter back to trial court for fresh decision in accordance with law. The applicant submits that learned trial judge has dismissed the suit filed by the applicant on 31.07.1989. The applicants submits that though the above appeal is admitted, it is pending for final hearing. 4. The applicants further submit that they have filed the proceeding in 1980 and although more than 28 years have passed the proceedings are pending without any conclusive decision. The applicants also submit that learned appellate judge has passed an order of remand in November 1994 and because of present A. O. filed by the opponent the matter is pending. Hence the applicants requested to fix up present A. O. for final hearing at the earliest. 5. Heard both the learned counsels. 6. Considering rival submissions and also considering contents in the present application there can not be any dispute that the proceeding is very old and original suit was filed in the year 1980, but still it is not reached to the conclusive end inspite of lapse of about more than 28 3 years. 7. Hence in the circumstances, it is necessary to allow the present application to enable the parties to get fruit of the original suit. Hence present application requires to be allowed in the interest of justice. 8. In the circumstances present civil application allowed in terms of prayer clause (A) thereof and present A. O. be fixed for final hearing in the week commencing from 10th August, 2009. [ S. P. DAVARE, ] JUDGE bsb/June09/ca 2397.09