1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3807 of 2010. Limba Wagji Sangle ..vs.. Mirabai Madhukarao Ingle Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.R.J.Shinde Adv. for the petitioner. Mr.A.Deshpande Adv. for the respondent. CORAM : B.P. DHARMADHIKARI, J. DATED : 6th DECEMBER, 2010. Heard. Advocate Mr. Shinde states that challenging the decree for restoration of possession, the defendant has filed Regular Civil Appeal No.9 of 2010 and in it sought interim stay to protect his possession. It has been rejected. Advocate Mr.Deshpande states that after considering facts prima faice, proper order has been passed and appeal has been expedited. At this stage, it will not be proper to record any finding by this court as appeal itself is pending. The appellate court ought to have protected possession during pendency of appeal and expeditious disposal of appeal is not a solution for not granting interim relief. Advocate Deshpande has fairly stated that he will not execute decree for possession if the appeal is heard in time bound manner. 2 In this situation, I find that interest of justice can be met with by directing petitioner/appellant to file private paper-book with court of District Judge – 1, Darwha by 31/01/2011. If the paper-book is so filed, the appellate court shall hear the appeal and decide the same by 30th April, 2011. If paper-book is filed by 31/01/2011, interim stay protecting possession of petitioner granted by this court on 13/8/2010 shall continue to operate during pendency of the appeal. Presently said order to continue till 31/1/2011. Only for said purpose, impugned order passed below Exh.5 on 12/7/2010 is quashed and set aside. Rule is made absolute accordingly. No order as to costs. JUDGE chute