- 1 - 7451 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO. 7451 OF 2010 Shaikh Rashid Ahmad .. Petitioner . vs The State of Maharashtra & ors .. Respondents Mr.Arun Kumar Tripathi i.b Laws Juris for Petitioner Ms.Kirtilata R.Patil i.b.Ms Kiran Bagalia for Respondent No. 2 CORAM: A.S.Oka, J DATE: 8th October, 2010 P.C. 1. Heard learned counsel appearing for the petitioner, learned counsel appearing for the 2nd respondent and learned AGP for 1st and 3rd respondent. 2. The averments made in the petition disclose that an appeal has been preferred by the petitioner for challenging the order dated 2nd September, 2008. In view of the pendency of the appeal, it is not necessary to entertain this writ petition. However, to enable the petitioner to apply for appropriate relief before the - 2 - 7451 appellate authority, a limited protection will have to be granted to the petitioner. Hence, the petition is disposed of by passing the following order : a) The petition is rejected with liberty to the petitioner to prosecute the appeal in accordance with law. b) To enable the petitioner to seek appropriate relief in the pending appeal,, the order of eviction dated 2nd September 2008 shall not be implemented for a period of four weeks from today. It is obvious that for a period of four weeks from today even the notice dated 7th September, 2010 will not be acted upon. A.S.Oka, J - 3 - 7451 - 4 - 7451