04 CA 3347 OF 2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 4 CIVIL APPLICATION NO. 3347 OF 2024 IN SA/397/2004 BHARAT ANNASAHEB HUMBE VERSUS KAKASAHEB SAMBHAJIRAO DESHMUKH L.RS. ANANDRAO AND ORS ... Advocate for Applicant : Mr. Rekha Choudhari h/f Mr. Choudhary S.S. Advocate for Respondent NO. 1 : Mr. Hon Ashwin Vinayak Advocate for Respondent No. 1B : Mr. Deshmukh Shambhuraje V. ... CORAM : SHAILESH P. BRAHME, J. DATE : 01.10.2025 PER COURT : Heard both sides. 2. This is an application for restoration of the second appeal, which was dismissed for non prosecution vide order dated 01.02.2024. For the reasons state in the application, the second appeal is sought to be restored to its original position. There was an order of status quo passed on 17.07.2013, operating till the dismissal of the second appeal. It is submitted that the respondents are creating third party interest. If the complications are created, prejudice would be caused to the applicant. 3. The application is strongly opposed by the respondents. Various previous orders are placed on record by way of affidavit in reply to show the manner in which the appeal has been prosecuted. It is contended that despite giving opportunities, second appeal was not worked out. The respondents have strong objection for restoration of the second appeal. They would submit that the matter be decided finally on the next date instead of passing any order of restoration today. 1/2 04 CA 3347 OF 2024.odt 4. It appears from record that order of status quo was passed on 17.07.2013. In the recent past, the matter was listed for final hearing but for the one reason or other, it could not be heard. This Court was constrained to pass order of dismissing the second appeal for default. The learned counsel for the appellant undertakes to workout the matter on 06.10.2025. She further assures that no adjournment will be sought on that day. Relying on her solemn statement, the matter is fixed on 06.10.2025 at 2.30 p.m. 5. Second Appeal is restored to its original position including that of the interim relief on condition that appellant shall work out the matter on 06.10.2025, failure to which would entail dismissal of the second appeal as well vacation of the interim relief without reference to the Court. In that contingency the respondents would be at liberty to execute the decree in question. ( SHAILESH P. BRAHME, J.) mkd/- 2/2