-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1617 OF 2009 IN CIVIL APPLICATION NO. 2785 OF 2006 IN FIRST APPEAL NO. 1293 OF 2006 1.Mr.Rajendra Laxmanrao Savant and ors: Applicants v/s 1. Tararani Vidyapeeth & ors. : Respondents Mr. N.V. Bandiwadekar Advocate for Applicants N.S. Sonawane with Mr. S.S. Patwardhan for Respondent nos. 1 to 3 Mr. A.R. Patil AGP for respondent no. 4 Coram : Smt. R.P. Sondurbaldota, J. Date : 9.4.2009 P.C. . This application is filed seeking leave to appeal u/s 15 of Letters Patent to challenge the order dt. 4.12.2008 passed in Civil application no. 2785/2006 in first appeal no. 1293/2006. The first appeal was admitted on 23.6.2006 framing four substantial questions of law arising thereunder. The order challenged in the first appeal is order of remand passed by the lower appellate court. Appellant had taken out civil application no. 2785/2006 for interim relief of staying the order of remand of the proceedings on the same date as admission of the appeal i.e. 23.6.2006. Ad-interim order in terms of prayer clause (a) of the Civil application was granted -2- staying operation of the order. However the civil application came to be dismissed by the order dt. 4.12.2008 on the ground that stay of operation of remand order would result in waste of time. As has ben rightly submitted by Mr. Bandiwadekar learned counsel for the applicants if the order of remand is not stayed the appeal filed by the appellant would become infructuous. In these circumstances I am inclined to grant leave to the applicants. The application is allowed in terms of prayer clause (a). (Smt. R.P. Sondurbaldota, J)