:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1724 OF 2008 Shri Ganesh Raghunath Bhise ..Petitioner Vs. Smt. Hemlata Sonaji Patil and ors. ..Respondents Mr. J.G. Reddy for petitioner. Mr. Ashok Tajane for respondent nos.1 to 4. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 08, 2008. Date : April 08, 2008. Date : April 08, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Reddy the learned counsel for the petitioner - defendant no.1. 2. Special Civil Suit No. 1093 of 2003 has been decreed partly on 19/9/2005 and the present petitioner has challenged the said decree in Civil Appeal No. 277 of 2006. In the said appeal an application at Exh.17 was submitted by the petitioner with a prayer to grant leave to delete respondent no.4 and said application has been rejected by the impugned order :2: dated 9/1/2008. 3. The learned counsel for the respondent no.4 has assured this court that the apprehensions of the petitioner are ill-founded and the said respondent has no intentions to take any such steps which will cause prejudice to the present petitioner and he will not resort to any such action. It is also stated across the bar that Civil Appeal No. 277 of 2006 is already listed for final hearing. 4. Hence, it is directed that Civil Appeal No. 277 of 2006 be heard and decided on its own merits as expeditiously as possible and preferably before 31/7/2008. 5. Petition is disposed off accordingly. Writ to go to the Lower Appellate Court forthwith. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)