( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4160 OF 2010 Kisan s/o Fakirchand Bhatewale PETITIONER VERSUS Ravichand s/o Punjaji Lahamage (Since deceased, by L.Rs.) and others. RESPONDENTS ..... Mrs. S.E. Madne (Narvate), advocate for the petitioner. ..... [CORAM : V.R. KINGAONKAR, J. ] [DATE : 5th May, 2010] PER COURT : 1. Heard counsel. 2. The petitioner has filed appeal against eviction decree vide appeal No. 5/2007, which is said to be pending before the District Court. 3. According to the petitioner, stay application (Exh-5) was filed before the District Court and the respondent gave statement to the effect that he will not take any further step in the execution proceedings till decision of the appeal. This undertaking was recorded at the foot of the stay application. Therefore, if warrant ( 2 ) is now issued, the petitioner’s remedy is to press into service the stay application itself or to file contempt proceedings against the respondents. There is no need to entertain the petition when the matter is subjudice before the District Court. 4. The petitioner is, therefore, relegated to the District Court. In the meanwhile, the impugned execution of the eviction warrant issued by the learned Civil Judge on 20-04-2010 is stayed till 11th June, 2010. The petition is disposed of. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/wp4160-2010