MMJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION LPA St. NO. 10571 of 2010 IN WRIT PETITION NO.2805 OF 2010 Sou. Manisha Sanjay Waskar ..Appellant Vs. Shri Anil @ Bajirao Balaso Dhavan (Panari) & Ors. ..Respondents WITH CIVIL APPLICATION St. No. 10576 of 2010 IN LPA St. NO. 10571 of 2010 IN WRIT PETITION NO.2805 OF 2010 Sou. Manisha Sanjay Waskar ..Appellant Vs. Shri Anil @ Bajirao Balaso Dhavan (Panari) & Ors. ..Respondents Mr. A.B.Borkar for the Appellant Mr. Chetan Patil for Respondent No.1 CORAM : J. N. PATEL & A.P. BHANGALE, JJ. DATE : 20th APRIL, 2010 P.C. : 1. Mentioned. Not on board. 2. We are informed that the ad­interim stay granted by the Learned Single Judge of the judgment and order dated 5­3­2010 passed by the District Judge­1, Kolhapur, at Kolhapur in Election Petition No.2 of 2007 expires today i.e. 20­4­2010 and, therefore, the learned counsel for the appellant/petitioner is required to move this Court in appeal, as the Learned Single Judge declined to extend the stay and granted circulation for 27­4­2010. It is submitted that the reliefs sought by the appellant would become infructuous if stay is not extended, pending the hearing and admission of the petition. It is submitted that the ad­interim stay granted by the Learned Single Judge at the initial stage, in normal course, ought to have been extended till the matter is taken up for hearing. The learned counsel for the respondents submits that as the order was granted without hearing the parties on merits, this Court may pass appropriate order effective till the date on which the matter has been granted circulation by the Learned Single Judge. 3. In our view, as the Learned Single Judge granted the ad­interim stay on the very first day when the petition was listed before him, in normal course, the same ought have been extended till the matter is taken up for hearing. The contention of the learned counsel for the appellant is that when he sought extension of the ad­interim stay, the matter was not taken up by the learned Single Judge as the Learned Single Judge is sitting in a Division Bench. He further contended that the appellant would be dislodged from the post for which She has been elected if the ad­interim stay is not extended. We, therefore, extend the interim stay granted by the Learned Single Judge, till 27­4­2010. The appeal stands disposed of accordingly. 4. In view of the LPA itself having been disposed of, no orders are required to be passed on Civil Application St. No.10576 of 2010 and the same stands disposed of. 5. The appellant to get the LPA and the civil application for stay registered. ( J. N. PATEL, J.) ( A.P. BHANGALE, J.)