1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.165 OF 2008 Shri Tanaji Krishna Shinde & Ors. .. Petitioners Vs Smt. Housabai Dattu Shinde & Anr. .. Respondents ­­ Shri U.R. Mankapure for the Petitioners. Shri A.M. Kulkarni for Respondent No.1. ­­ CORAM : A.S.OKA, J. DATE : 18TH FEBRUARY, 2010 P.C: . Heard learned counsel appearing for the Petitioners and the learned counsel appearing for the 1st Respondent. 2. Considering the nature of the final order passed by the Appellate Court, this Court was inclined to issue rule and keep the Petition pending. The learned counsel appearing for the 1st Respondent suggested that instead of keeping the Writ Petition pending in this Court, the appellate Court be directed to consider the Appeal afresh. He pointed out that in the Appellate court, the 1st and the 2nd Respondents could not apply for any interim relief as the appeal itself was ordered to be taken up for final hearing immediately. He stated that though the application for interim relief was filed, the same was not heard as the appeal was ordered to be heard expeditiously. In the application at Exhibit­5 filed before the Trial Court, there was an order of status­quo passed by the Trial Court on 21st June, 2005. 2 3. Hence, the Writ Petition is disposed of by passing the following order. (a) The impugned order dated 4th July, 2007 is quashed and set aside and the Misc. Civil Appeal No.70 of 2007 is restored to the file of the District Court. (b) The parties are directed to appear before the Appellate Court on 22nd March, 2010 at 11.00 a.m. The District Court will hear the Appeal afresh and decide the same as expeditiously as possible and in any event on or before 30th June, 2010. (c) Ad­interim order of status quo passed by the Trial Court on 21st June, 2005 will continue to operate till disposal of the Appeal. (d) All contentions of the parties on merits in the pending appeal are kept open. (e) The Writ Petition is partly allowed in above terms with no orders as to costs. (A.S.OKA, J) 3 ash