1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7686 OF 2010 The Chief Executive Officer, Municipal Council, Nilanga, Tq. Nilanga, District Latur. Petitioner Versus Mohan s/o Ravan Birajdar and others Respondents Mr. S.G.Rudrawar, advocate for the petitioner. CORAM: R.M.BORDE, J. DATE : 29 th September, 2010. P.C.: 1 Application tendered by petitioner – original defendant in an appeal seeking stay of execution of decree has been rejected by the appellate Court. 2 The decree passed in favour of plaintiffs is in respect of return of 10 bags of white toor and one bag of udit – agricultural produce, which is claimed by plaintiffs. Defendant do not claim to be owner of the goods. It also further appears that there was no written statement presented by defendant before the trial Court. As such, suit proceeded without there being any defence raised by 2 concerned defendant – petitioner herein. Considering nature of the goods i.e. perishable agricultural produce, the first appellate Court has rightly refused to grant stay to the decree. Petition is devoid of substance. 3 Writ Petition, therefore, stands rejected. (R.M.BORDE) JUDGE ******* adb/wp768610