1 lpast-23293-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL (ST) NO.23293 OF 2010 IN WRIT PETITION NO. 5990 OF 2006 AND CAL/296/2010 B. N. Gangurde .... Appellant vs Smt. Urmila Mahendra Shah and ors. .... Respondents Mr. G. M. Joshi for the Appellant. None for respondents. CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : November 09, 2011 P.C.: Notices have been issued on the Civil Application for condonation of delay. The delay is of only four days. The Respondents are not appearing. 2 We have heard the learned counsel appearing for the Appellant on merits. 2 lpast-23293-10.sxw 3 The Appeal is directed against an order dated 4.08.2010 passed by a learned Single Judge in Writ Petition No.5990/2006. By that order, the learned Single Judge has admitted the Petition for final hearing and has granted stay of the order which was impugned before the learned Single Judge. The learned Single Judge in paragraph 3 has given reasons for making the interim order. From the submissions of the learned counsel appearing for the Petitioner, it appears that he is mainly aggrieved by the reasons which have been given by the learned Single Judge for making the interim order. In our opinion, as the order merely admits the petition for final hearing and grants interim stay of the order which is impugned in the petition, the LPA cannot be entertained. The learned Single Judge has already granted liberty by his order dated 4.08.2010 to the parties to apply for early hearing. The proper course for the Appellant is to approach the learned Single Judge for fixing an early date of hearing. 4 CAL/296/2010 and LPA are dismissed accordingly. No costs. (ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)