FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.96 OF 2010 (Sau. Shankuntala w/o Huliappa Mahajan Vs. Kashinath s/o Ramchandraappa Patil & ors.) -------------------------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Shri S.V. Kulkarni, Advocate for appellant ... CORAM: K.U. CHANDIWAL, J. DATED: 13th December, 2010 1. Heard. The respondents are not yet served. Respondent No.3 in the appeal is served. The matter revolves to filing suit for partition and separate possession in respect of land Survey No.57, admeasuring 6 Hectors 98 Ares, situated at Sonkhed. The appellant in the said appeal requested not to create third party interest in respect of 10/12th share till decision of the appeal. The grant of application, is questioned in present appeal. 2. Considering status of the parties and nature of the clamp recorded by learned District Judge-1, Nilanga, it is difficult to conceive that any substantial prejudice is caused to the appellant/ applicant. At the most Regular Civil Appeal No.44/2009 can be heard expeditiously. Appeal from Order dismissed. The learned Judge seized with Regular Civil Appeal No.44/2009 shall expeditiously dispose of the same, preferably up to 31st March 2011. (K.U. CHANDIWAL) JUDGE fmp/ao96.10