- 1 - ao799.1055 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 799 OF 2011 in CIVIL APPLICATION NO.1055 OF 2011 Shri. Suresh Yeshwant Phadke & anr.. Appellants vs Shri. Vishwanath Anant Phadke & ors. Respondents Mr.K.S.Dewal for Appellants Mr.P.K.Dhakephalkar Sr.Counsel i.b Mr.Vimalnath Tiwari for Respondent No.5 CORAM: J.H.BHATIA, J DATE: 12 th August 2011 P.C. 1. On the last date, the learned counsel for Respondent Nos.2 and 3 had made a statement about the nature of the work being done and also that third party interest in respect of the said building was already created and they had no intention to start construction on the new building at the disputed land immediately. The learned counsel for - 2 - ao799.1055 the Appellants states that Application Exhibit 5 filed by the Plaintiffs-Appellants for interim relief is still pending and as this Appeal was only against refusal of some part of the ad interim relief claimed by him he will not press for the Appeal if Respondent Nos. 2 and 3 abide by the said statement till disposal of the Application Exhibit 5. 2. In view of the facts and circumstances and statement made on behalf of Respondent Nos.2 and 3 on 29th July,2011 which is accepted, this Appeal stands disposed of with directions that the trial Court shall expedite hearing of the Application Exhibit 5 and disposed of the same within two months from receipt of this order. Till then statement made on behalf of Respondent Nos. 2 and 3 on 29th July, 2011 shall remain in force. As the Appeal itself is disposed of, Civil application No.1055 of 2011 does not survive and stands disposed of accordingly. J.H.BHATIA, J - 3 - ao799.1055