-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 169 OF 2008 IN NOTICE OF MOTION NO.434 OF 2008 IN SUIT NO.1624 OF 1995 Bhanusingh Thakur alias Mazhar Hussain ).. Appellant Versus Vijay Balkrishna Karpe and others ).. Respondents Mr. Pankaj Kawli i/b. Dr. Shah Alam Khan for the Appellant. Mr. S.I. Memon for Respondent Nos.6 to 12. CORAM: SWATANTER KUMAR, C.J. & V.M . KANADE, J. DATE: APRIL 30, 2008. P.C. We do not wish to interfere with the impugned order in the present Appeal particularly in view of the fact that the Motion is pending for final hearing. 2. Without prejudice to the rights and contentions of the parties and accepting the merit or otherwise of the impugned order, we grant -2- liberty to the parties to mention the matter for fixation of actual date of hearing before the learned Single Judge. 3. Appeal disposed of accordingly. CHIEF JUSTICE V.M. KANADE, J.