1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR APPEAL AGAINST ORDER NO. 41 OF 2008 ( Smt. Kavita Nagesh Ambhore vs. Pravin Bhaskarrao Borkute ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 26, 2008. Heard Shri Mohan Sudame, Advocate for the appellant – original plaintiff and Shri Kulkarni, Advocate for the respondent – original defendant. During hearing, I find that Plot No. R-5 admeasuring about 10857 sq. ft. is still lying open and vacant. Shri Kulkarni, Advocate for the respondent states that said plot is not constituted from the share of present appellant alone but it also includes share of his other sisters. Shri Sudame, Advocate for the appellant disputes this. He points out that the trial Court has not considered that apart from the consideration of Rs.12,50,000/-, the present appellant is also entitled to developed plot admeasuring 10857 sq. ft. to her share as a part of consideration. During hearing, Shri Kulkarni, Advocate stated that the respondent – defendant is not creating any third party interest on Plot No. R-5 and 2 will maintain status quo during the pendency of Special Civil Suit No. 27 of 2005 if the same is expedited. Shri Sudame, Advocate, upon instructions states that if Special Civil Suit No. 27 of 2005 is expedited and status quo in relation to said plot is ordered, the interest of appellant – plaintiff shall stand well protected. In view of this statement and facts mentioned above, the following order is being passed in the interest of justice. 1. The proceedings in Special Civil Suit No. 27 of 2005 on the file of 2nd Joint Civil Judge, Senior Division, Nagpur, are expedited. The said court is directed to decide Special Civil Suit as early as possible and in any case within a period of one year from the date of communication of this order to it. 2. Till then, the respondent – defendant is restrained from creating any third party interest over Plot No. R-5 admeasuring 10857 sq. ft. and shall maintain status quo in relation thereto. In view of this, the impugned order in this appeal is modified to the extent only mentioned above. A.O. is accordingly disposed of. No costs. JUDGE *GS.