1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1161 OF 2009 Shree Balkrishna Shankar Likhite (since deceased through his L.Rs.- Shri Prajyot Balkrishna Likhite & Ors. .. Petitioners Vs Smt. Shakuntala Dattatraya Kumbhakarna & Ors. .. Respondents -- Shri Ramakant B. Paranjape for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 24TH FEBRUARY, 2010 P.C: . Heard learned counsel appearing for the Petitioners. The Petitioners in this Writ Petition under Article 227 of the Constitution of India are the legal representatives of the original Plaintiff/Decree Holder. The challenge in this Writ Petition is to an order dated 23rd September, 2008 passed by the learned District Judge. 2. During the pendency of an execution application filed by the Petitioners, the Respondent herein obstructed. The application made by the Respondent was rejected. The Respondent preferred an appeal against the said order in which the impugned order has been passed. By the impugned order, the appeal preferred by the Respondent was held as maintainable and till the disposal of the Appeal, the execution application was ordered to be stayed. 3. The Appeal is still pending and now it is fixed on 2nd March, 2 2010 for hearing. By an order passed by the Executing Court, adjudication has been made on an objection raised by the Respondent. In view of Rule 103 of Order XXI of the Code of Civil Procedure, 1908, the Appeal has been entertained by the District Court. 4. The execution application filed by the Petitioners is of the year 2003. Therefore, no purpose will be served by keeping the Petition pending. Interests of justice will be served if the appeal is ordered to be disposed of as expeditiously as possible. 5. Hence, the Petition is disposed of by passing the following order. (a) The District Court will decide the pending appeal being Civil Appeal No.65 of 2008 as expeditiously as possible and in any event before the 1st week of May, 2010. (b) All contentions of the parties on merits are kept open. (c) The District Court to act upon authenticated copy of this order. (A.S.OKA, J) ash