[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.61 OF 2009 IN WRIT PETITION NO.6862 OF 2006 Shri.Shekhar Puranmal Agarwal ..Appellant/ Applicant Vs. Shri.Prakash Somnath Kamble and Ors. ..Respondents WITH CIVIL APPLICATION NO.69 OF 2009 IN LETTERS PATENT APPEAL NO.61 OF 2009 Shri.Shekhar Puranmal Agarwal ..Appellant Vs. Shri.Prakash Somnath Kamble and Ors. ..Respondents .... Mr.Suresh M.Sabrad Adv. i/b P.K.Hushing for Appellant .... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : FEBRUARY 26, 2009 DATE : FEBRUARY 26, 2009 DATE : FEBRUARY 26, 2009 P.C. P.C. P.C. 1. The Appellant is impugning order passed by the learned Single Judge on 16.1.2009 in Writ Petition No.6862 of 2006 on the ground that he has been repeatedly threatened by Respondents of dire consequences and a suit for declaration is pending in the trial Court in respect of a decree obtained [-2-] by the Respondents and that the same is not binding on the Appellant. We find that the learned Single Judge has held that in view of the fact that two Courts below have found that the Appellant who is original Plaintiff, is undisputedly in possession of the suit shop. His rights are well protected by holding that if the Appellant-petitioner who is the original Plaintiff finally succeeds in a suit for getting prayer clauses (a) and (b) of the plaint, he will be put in possession without being required to take recourse to execution proceedings. This was on the statement made by the learned counsel for the Respondents-original Defendants. Therefore, this sufficiently protects the interest of the Appellant in the pending matter and no interference is called for by this Court. Appeal therefore, stands dismissed. 2. In view of the above, Civil Application does not survive and is disposed of accordingly. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [-3-] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]