1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 5115 OF 1999 IN SECOND APPEAL NO. 194 OF 1998 Kondabai Santaram Bitay ...Applicant (Orig. appellant/plaintiff) VERSUS Madhav Keshav Dhangar, died L.Rs. 1A) Jagannath Madhav Yedke and ors. ...Respondents (Orig. respondents/defendants) ..... Shri V.R.Sonwalkar, advocate for the applicant Shri S.S.Choudhari, advocate for respondent nos. 1A to 3 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 14 th JANUARY, 2010 PER COURT : 1 This is an application preferred by the applicant/original plaintiff praying for interim maintenance during the pendency of the Second Appeal, and alternatively prayed that the accompanying Second Appeal be fixed for final hearing peremptorily dispensing with the print. 2 2 Learned counsel for the respondents pointed out that the applicant had preferred Civil Application No. 3576 of 1999 earlier for composite prayers i.e. prayer for interim maintenance as well as not to create third party interest in the suit property and the order of status-quo was passed therein and the said application was disposed of. Accordingly, it appears that the prayer for interim maintenance was not considered in the said application. 3 On the face of said position, applicant has preferred the present application for the prayer of interim maintenance and alternatively requesting that the Second Appeal be taken up for final hearing peremptorily. 4 Admittedly, the Second Appeal is of the year 1999 and it appears that the applicant Kondabai is about 70 years old, and therefore, it is desirable to hear the main appeal itself finally. 5 Hence, the present application is allowed in terms of prayer clause ‘B’, and it is directed that the accompanying the Second Appeal be fixed for final hearing in the week commencing from 7.3.2011. The applicant/appellant to supply the paper book 3 within the period of four weeks. Print stands dispensed with. 6 Civil Application is disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca5115.99