1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.1648 of 2010 (Mrs. Jyoti S. Garge v. Rajaram M. Deshpande and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.J. Khandalkar, Advocate for Petitioner. Shri D.L. Dharmadhikari, Advocate for Respondents. Coram : R.M. Borde, J. Dated : 15 th June, 2010 Heard the learned counsel for the respective parties. It is contended by the learned counsel appearing for the petitioner that an application presented by the petitioner seeking stay to the execution of the decree till the consideration of the application seeking condonation of delay in filing the application for setting the ex parte judgment has not been decided by the Trial Court and an order directing issuance of warrant for possession in respect of the suit premises has been issued on 29-3-2010. The petitioner apprehends that she would be dispossessed from the suit premises even before taking up the application seeking condonation of delay for consideration by the Trial Court. In view of the judgment delivered in Special Civil Suit No.1249 of 2 2006, it has been ordered to the petitioner/original defendant to deliver the possession of the suit premises within three months from the date of the order. According to the petitioner, the judgment and decree passed in Special Civil Suit No.1249 of 2006 is ex parte and she has already moved the Court for setting aside the ex parte judgment passed in the suit. The application moved by the original defendant, petitioner herein, is presented beyond limitation and a separate application seeking condonation of delay is also presented. The petitioner apprehends her dispossession prior to consideration of the application seeking condonation of delay. As such, she is seeking protection for a limited period. The learned counsel appearing for the respondents has fairly submitted, on instructions, that his clients will not take further steps and will not secure the possession of the property till 25-6-2010. It is also informed that the application seeking condonation of delay is listed for consideration on 19-6-2010, on which date, the Trial Court shall also consider the application for grant of protection during consideration of the application for condonation of delay. If the said application is not decided on the given date, the Trial Court shall pass appropriate orders on the application presented by the petitioner/original defendant in any case on or before 25-6-2010. 3 With these directions, the petition stands disposed of. Judge. pdl.