1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3640 OF 2009 IN FIRST APPEAL NO. 797 OF 2008 Shri Dada Baba Devkate & Ors. ... Applicants (Orig. Respondents 2 to 4) Vs. Shri Mahadeo Namdeo Devkate & Ors. ... Respondents Mr. Prathamesh Bhargude, i/b. Sugandh B.Deshmukh,Advocate, for the applicants. Mr.A.P.Kulkarni,Advocate, for the respondents Nos. 1 to 4. Shri A.N.Gosavi i/b. P.B.Shah, Advocate for respondent No.5. CORAM: J.H.BHATIA,J. DATE : 16th September, 2009. P.C. 1. Heard the learned Counsel for the parties. 2. This is an Application filed by the applicants/respondents for early hearing of the appeal. The appellants/plaintiffs had filed the suit for specific performance of the contract which has been dismissed. However, they claim to be in possession on the basis of an interim order passed by this Court. In the S.L.P. before the Supreme Court filed by the present appellants against the interim 2 order, the Supreme Court, without disturbing the interlocutory oder, has requested the High Court to dispose of the appeal expeditiously. 3. The appellants shall file private paper book and the decree forms within 3 months from this day and if the paper book etc. are filed within the stipulated period, the Appeal shall be listed for final hearing thereafter. The date for final hearing may be fixed after filing the paper book. In case the appellants fail to file the paper book and the decree forms within the stipulated period, the Appeal shall stand dismissed for non-prosecution and the interlocutory order shall stand vacated. Printing dispensed with. (J.H.BHATIA,J.)