sa122.97.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Second Appeal No. 122/1997 Domaji Sakharam Chivande ..vs.. Smt. Mainabai Sakharam Awale Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Inglay, Advocate for appellant. Mr. Joshi, Advocate for respondent. Coram: R. K. Deshpande, J. Date : February 5, 2010 Civil Application No.847/2009 1. This is an application filed by non applicant to vacate interim order passed by this Court on 17.10.2007. Order dated 17.10.2007 reads as under:- “Heard learned counsel for the parties. The counsel for the respondent had sought time on two occasions for filing reply. However, no reply is filed to this application. It is stated in the civil application that the respondent has recently started construction of the suit house. it is further stated in the civil application that in spite of filing of a complaint in the police station on 01.03.2007, the respondent did not stop the construction. Since the statement of facts made in this civil application remained uncontroverted, it is sa122.97.odt 2 necessary to grant the relief sought in this civil application and restrain the respondents from changing the nature of suit house during the pendency of second appeal. The civil application is allowed and disposed of.” 2. It is apparent that in spite of granting time to file reply on two occasions, reply was not filed. Hence, the matter proceeded. Counsel for respondent no. 2 was present when the order was passed. When learned counsel was asked as to why reply was not filed. He submits that he did not receive any instructions from his client. 3. In view of this, no subsequent events are brought on record to change the order passed by this Court on 17.10.2009. Hence, the application is dismissed. J UDGE kahale