1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5745 OF 2008 Bhagwan S/o.Kishanrao Giram PETITIONER VERSUS Daivashala W/o.Haribhau Soge RESPONDENT Mr.S.B.Bhapkar, advocate for petitioner. Mr.S.S.Rathi, advocate for respondent (CORAM : A.V.POTDAR, J.) DATE : 24/06/2009 PER COURT : 1. By the present writ petition, the JD in Dkt. Proceeding No. 39/2007 has challenged the order passed below Exh.19 in which the jurisdiction of the Executing Court was challenged, which application was rejected. 2. On last occasion, on query, both advocates appearing for petitioner as well as respondent, whether any review petition is pending about the award passed in the appeal under the Workmen’s Compensation Act to which it was stated across the bar that in the said Review Petition earlier stay was granted and later on stay was refused which order is under challenge. It is yet to be circulated. It is also informed by the advocate for respondent that the writ petition 2 filed by the present petitioner challenging the order of rejection of stay in Review Petition was also rejected by this Court. Today, when the matter came up on board, it was informed that the writ petition which the respondent is preferring and the writ petition which the petitioner is referring are different writ petitions. Still on instructions, advocate for respondent states that it is a fact that the review petition is pending before the Court of Execution and it is yet to reach its finality. When the present writ petition was moved, on the first instance, vide order dated 16/10/2008, ad interim relief was granted by this Court in terms of Clause “B” till the stipulated period. 3. To sort out the entire controversy between the parties, the present writ petition can be disposed of with following order : 1. Civil Judge, S.D. (Ex-Officio Commissioner, under the Workman’s Compensation Act, the Designated Court) Parbhani to decide the Misc. Application no.78/2007 pending on his file filed by the petitioner herein for review within the period of 4 weeks from the date of appearance of the parties before that Court. 2. The petitioner and respondent are hereby directed to appear before the Civil Judge, S.D. (Ex-Officio Commissioner, under the Workman’s Compensation Act, the Designated Court) Parbhani on 03/07/2009, and the Designated Court to dispose of the application on or before 31/07/2009. Till then the interim order passed in this writ petition to continue. 3 3. The Designated Court not to influence with any of the observations observed by this Court while disposing this writ petition. 4. Writ petition stands disposed of in terms of above order. (A.V.POTDAR, J.) khs/wp5745-08