1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5631/2009. ( Shri Kuldeep Chudamanji Dubey -: versus :- Shri Shreekumar Motilalji Modi and another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 27, 2010. Heard finally by consent of Shri Amit Khare, learned counsel for petitioner and Shri C.S. Kaptan, learned counsel for respondents. In view of the subsequent events, I find that the challenge in the Writ Petition need not be considered on merits. Possession of petitioner / tenant was protected by Small Causes Court and that interlocutory order was challenged by the respondent / landlord in Misc. Civil Application No. 275/2009. With Misc. Civil Application, respondent / landlord moved application Exh.4 for grant of stay, and on 22.12.2009, 5th Ad-hoc District Judge, Nagpur granted that stay, ex-parte. That ex-parte grant was assailed by the petitioner / tenant in present Writ Petition and on 24.12.2009 this Court stayed that order dated 22.12.2009. The stay granted by this Court continues to operate till date. In this background, it is important to note that the petitioner has also filed suit under Section 6 of the 2 Specific Relief Act, complaining of forcible dispossession. Simultaneously, he has also alleged Contempt of order dated 24.12.2009 passed by this Court and that Contempt Petition is also pending. Exh.4 has not been decided by the Lower Appellate Court till date and as petitioner has not been served with notice therein, he has not appeared and has not filed any reply. In this situation, after hearing Shri Khare, learned counsel for petitioner and Shri Kaptan, learned counsel for respondents, I find that interest of justice can be met with by directing the Lower Appellate Court to decide Exh.4, as early as possible and in any case by 10.02.2010. The proceedings are now fixed before the Lower Appellate Court on 29.01.2010 and petitioner undertakes to appear before the said Court on the said date. Shri Khare, learned counsel has insisted that ex- parte order passed below Exh.4 needs to be quashed and set aside. However, as that order has not come into force at all and this Court has stated it on 24.12.2009, it is not necessary for this Court to quash and set aside the said order. It is however, made clear that the lower Appellate Court shall decide Exh.4 on its own merits, uninfluenced by the said order dated 22.12.2009. Writ Petition is disposed of with above directions. No cost. JUDGE Rgd.