1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4005 OF 2008 Digambar Apparao Shinde Vs. Vilas Parasram Kalyankar & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Smt. M. M. Shesh Adv. for petitioner. Shri K. S. Narwade Adv. for respondents. CORAM: C. L. PANGARKAR J. Dated: 9 th JULY, 2009. Heard. This Writ Petition challenges the order passed by the Civil Judge whereby he directed the defendant to produce an order of stay from the Court of Commissioner (Revenue). Respondent plaintiff has instituted a suit for possession of the suit property. The petitioner-defendant raised a plea in the said suit that petitioners-defendants are the tenants of the suit land and issue was framed by the Civil Court as to whether defendants- petitioners were tenants of the suit land or not? The said suit was 2 referred by the Civil Court to the Tahsildar for decision thereon. Issue was decided by the Tahsildar and thereafter an appeal was preferred before the Sub Divisional officer. The said appeal was dismissed for non prosecution against which order a revision was preferred before the Commissioner since Maharashtra Revenue Tribunal was not in existence. Thereafter the Presiding Officer of the M. R. T. resumes and therefore matter came up before M. R. T. There was no Presiding Officer, therefore Writ Petition was filed in the High Court. High Court has set aside the order of dismissal of the appeal before the S. D. O. and the appeal has been restored to file. In the meanwhile the Civil Judge had directed the petitioner to obtain an order of stay from the Commissioner and it is this order which is under challenge. It may be mentioned here that the Commissioner has no right to stay any of the proceedings before the Civil Court. For this simple reason the order needs to be quashed and set aside. Civil Judge must bear in mind that when an issue is referred until all remedies are exhausted, he has to keep his hands off and suit pending. Now that the matter is pending before the S. D. O. In appeal the Civil Judge is bound to stay the civil suit and keep his hands off until the issue of tenancy is finally decided. With these 3 directions this Writ Petition is disposed of. Civil Judge to take note of this order. JUDGE svk 4 5 6