1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.100 OF 2005 Karbhari S/o.Shyamrao Pawar, Age-46 years, Occu-Agriculture, R/o.Village Kolhi, Tal.Vaijapur, Dist. Aurangabad APPELLANT VERSUS 1. The Tahsildar, Vaijapur, Dist. Aurangabad 2. Bhausaheb S/o.Namdeo Dagale, Age-44 years, Occu-Agriculture, R/o.Village Kolhi, Tal.Vaijapur, Dist. Aurangabad 3. Kishan S/o.Namdeo Dagale, Age-45 years, Occu-Agriculture, R/o.Village Kolhi, Tal.Vaijapur, Dist. Aurangabad 4. Kachru S/o.Namdeo Dagale, Age-51 years, Occu-Agriculture, R/o.Village Kolhi, Tal.Vaijapur, Dist. Aurangabad 5. Raosaheb S/o.Namdeo Dagale, Age-39 years, Occu-Agriculture, R/o.Village Kolhi, Tal.Vaijapur, Dist. Aurangabad 6. Parasram S/o.Radhaji Gore, Age-49 years, Occu-Agriculture, R/o.Village Kolhi, Tal.Vaijapur, Dist. Aurangabad RESPONDENTS 2 Mr.R.S.Deshmukh, learned counsel for appellant. Mr.R.L.Kute, learned counsel for respondent no.5 and 6 (CORAM : A.V.POTDAR, J.) DATE : 15/03/2010 ORAL JUDGMENT : 1. This AO is preferred against the rejection of interim injunction application in Appeal No.204/2005 on the file of Ad-hoc Additional District Judge, Aurangabad. 2. Faradsheet shows that the appeal was admitted on 14/10/2005. It further appears that in the stay order as regards to interim order passed on the application moved by way of CA No. 1726/2006, some arrangement was made out for the appellant to approach his agricultural field on two consecutive days. It is also observed that the petitioner shall intimate those days on which he want to visit his agricultural land Gat No.125 for harvesting and removal of jawar crop standing in the field well in advance to the respondents and the respondents were directed not to obstruct the petitioner from using the said approach road till 31/12/2005. It further appears that the liberty was granted to the appellant to move the First Appellate Court for early decision in the appeal. 3. Today when the AO appeared on the board for final hearing, it is informed by the counsel for appellant and also agreed by the counsel for respondents that such liberty was exercised by the 3 appellant before the First Appellate Court by mentioning the appeal for early hearing, but till today, the appeal is not finally heard by the First Appellate Court. Admittedly the appeal is 5 years old. The parties agreed that the directions will be given to the First Appellate Court to decide RCA No.204/2005, which is pending, to dispose of the said appeal within the period of 2 months from today, but on or before 07/05/2010. Till then, the interim order passed in this AO to continue. AO stands disposed of with these directions. All the contentions in the AO are kept open to be raised before the First Appellate Court. 4. Rule made absolute accordingly. 5. Registry to send the R & P forthwith to the Trial Court, by the way no in-convenience will cause to dispose of the appeal within the stipulated period. (A.V.POTDAR, J.) khs/MAR 2010/ao100-05