- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2721 OF 2009 in APPEAL NO.453 OF 2009 in SUIT NO.2219 OF 2000 Kilachand Fekuram Yadav .. Appellant vs Dudhnath Kallu Yadav & ors .. Respondents (No.1.Orig.Plff Nos.2 to 25 Orig Defts) Nos.2 to 4 & 6 to 25.) Mr.J.Rais i.b.Mr.Yadunath Choudhari for Appellant Ms.P.Dedhia i.b M/s Sanjay Udeshi & Co for Respondent no. 1 CORAM: P.B.MAJMUDAR & R.V.MORE,JJ DATED: November 30, 2009 P.C. 1. Heard learned counsel for the appellant as well as for the respondents. 2. In our view, no ground is made out for condoning the delay in filing the appeal. We have heard learned counsel for the appellant on merits in order to find out whether any interference is required in appeal. Considering the reasonings given by the learned Single Judge in our view, even on merits the appellant has no case. The appellant prayed before the learned Single Judge by way of Notice of Motion No.949 of 2005 for - 2 - delition of property from the present proceedings and the status quo order dated 31.5.2000 may be vacated. The learned Single Judge has observed that the order of status quo was granted as back as in the year 2000 and the same is not required to be vacated after such a long period as the question involved in the Notice of motion is required to be decided in the suit itself. 3. Considering the said aspect as well as considering the fact that there is an inordinate delay even in preferring the present appeal for which no cogent reasons have been given the prayer for condoning the delay is rejected. Hearing of the suit is expedited and the learned Single Judge may try to dispose of the suit preferably within a period of one year from today. Appeal is accordingly disposed of R.V.More, J P.B.Majmudar, J - 3 -