FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5615 OF 2009 IN APPEAL FROM ORDER NO. 128 OF 2005 _________________________________________________________________________ Office Notes, Office Memoranda | of Coram, appearances, Court's | Court's or Judge's orders orders or directions and | Registrar's orders | ________________________________|________________________________________ Perused. Heard Shri V.S.Bedre, learned counsel for the applicant (original respondents); Shri S.P.Deshmukh, learned counsel for respondent no.1 (original appellant) and Shri V.V.Tarde holding for Shri A.B.Kale, learned counsel for respondent no.3. The applicant (original respondent in A.O.) has preferred the present Civil Application praying to fix up the matter for final hearing at the earliest. Heard the respective counsel for the parties. Considering the rival submissions, at the out set it is pointed out that earlier the matter was directed to be fixed for final hearing by order passed on 7.9.2007. However, it is submitted that the matter could not reach for final hearing (2) thereafter. In view of the position that since the Appeal from Order was earlier directed to be fixed for final hearing vide order dated 7.9.2007, but it could not reach for final hearing, there is no impediment in allowing the present application and fixing the Appeal from Order for final hearing. In the circumstances, present Civil Application No. 5615 of 2009 is allowed and it is directed that Appeal from Order No. 128 of 2005 be fixed for final hearing in the week commencing from 17.8.2009. The present Civil Application stands disposed of accordingly. Mr. V.S.Bedre, leaned counsel undertakes to inform the aforesaid order to respondent no.2 in writing. (S.P. DAVARE, J.) Date : 12/6/2009 dbm/ca 5615.09