1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.12548 OF 2009 IN FIRST APPEAL NO.225 OF 1996 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM: P.R.BORKAR, J. Date : April 15, 2010 Shri Mohammad Mustafa Ahmed Momin, Advocate for Applicants. Shri S.V.Mundhe, Advocate for Respondent No.1-ori.appellant. Shri S.S.Nirkhee for Respondent No.2-intervenor. --- 1. This is an application by heirs of original Respondent-defendant Shaikh Chand Pasha. The applicants state that pending the appeal filed by intending purchaser, whose suit for specific performance was dismissed, has given consent to sell of suit property by Shaikh Jaber s/o Chand Pasha in favour of present Respondent No.2 Samina Rishad w/of Mohd. Abdul Halim. So, the applicants pray that this court should quash and set aside the sale deed and give directions for restoration of land in the applicants. They also pray for mesne profit. 2 2. In this case, caveat was filed by Samina Rishad, who was purchaser pending the appeal. Admittedly, R.C.S. No.346 of 1996 for possession is pending on the file of learned Civil Judge, Junior Division, Nanded. Prayers in this civil application can be added in the said suit and caveator can also be made party to that suit. 3. Since the appellant herein is allowed to withdraw the present appeal unconditionally, this civil application cannot be entertained any more. However, the applicants are entitled to argue the points raised in this application, before the Court of Civil Judge, Junior Division, Nanded in which R.C.S. No.346 of 1996. 4. It is in the interest of justice that having regard to the facts and circumstances, hearing of said R.C.S. No. 346 of 1996 is expedited. Parties are at liberty to move the trial court for expeditious hearing of the said suit. 5. With observations as above, this application is disposed of. pnd/ca12548.09 (P.R.BORKAR, J.) 3