gst 1 ao324.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 324 OF 2010. WITH CIVIL APPLICATION NO. 1236 OF 2010 Smt.Nakusabai Maruti Burud (Suryawanshi)... .... Appellant. V/s Premaji Devaji Bharani & Ors. ... ... Respondents. Mr.Amit Sale, Adv. For appellant. CORAM: B.R. GAVAI, J. 25th Jan., 2011 PC: By way of present appeal the appellant challenges the order dated 1.1.2008 vide which an application filed by the present appellant below Ex.21 in Appeal No.278/06 for restraining the respondent from handing over possession of the suit property to any other person came to be rejected. 2. Shri Sale, learned counsel appearing on behalf of the appellant submits that the appellant had undivided share in the suit property and as such the application as prayed for ought to have been allowed. 3. The application has been rejected on 1.1.2008. A period of more than two years has elapsed therefrom. Admittedly there has been no order restraining either during pendency of earlier appeal before learned trial Court or before this Court. 4. I am of the considered view that .the considering the said application after a period of 15 years after institution of the suit would not be in the interest of justice. 5. Appeal therefore stands dismissed. However taking into consideration that the Appeal is of 2006 learned trial Court is directed to hear and dispose of the appeal within a period of three months from today, if not yet decided. 6. In view of disposal of appeal, civil Application No.1236/10 does not survive and the same also stands disposed of.