1 5 caf.4134.06 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4134 OF 2006 IN FIRST APPEAL NO. 1176 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.M.Soman i/b Mr.A.P.Kulkarni for the Applicants. Mr. Amit Shethye i/b Mr. Amit Borkar for the Respondents. CORAM : A.S.OKA, J. DATE : 08 th April, 2011. P.C. 1 The learned counsel appearing for the Applicants seeks time. Time cannot be granted as application is pending from the year 2006. While passing the order dated 23 rd November, 2004, both the parties were heard and hence, no case is made out for modification of the earlier order. Moreover, the Applicants are seeking modification of order dated 23 rd November, 2004, which was in the nature of ad­interim relief and by further order dated 16 th January, 2008, the civil application on which the said order was passed has been disposed of. 2 Hence, ad­interim order of which modification is sought has has been merged in the order dated 16 th 2 5 caf.4134.06 anr January, 2008. Hence, there is no merit in the application and the same is rejected. [ A.S.OKA, J ] 3 5 caf.4134.06 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1328 OF 2011 IN FIRST APPEAL NO. 1176 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.M.Soman i/b Mr.A.P.Kulkarni for the Applicants. Mr. Amit Shethye i/b Mr. Amit Borkar for the Respondents. CORAM : A.S.OKA, J. DATE : 08 th April, 2011. P.C. Considering the pendency of very old appeals from the year 1987 onwards in this Court, no case is made out for fixing peremptory date of hearing. As one of the parties is a senior citizen, hearing of the appeal is expedited. Application is disposed of. [ A.S.OKA, J ]