1 wp 5513.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5513 OF 2011 Mohammadsab Dawarsab Badiwale .. Petitioner Versus Mustafa Mohammadsab Badiwale .. Respondent Shri R. B. Deshmukh, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 27TH JULY, 2011. PER COURT : . The petitioner is the original plaintiff, who filed suit for possession. The said suit came to be decreed. The respondent filed appeal. During the pendency of appeal, the lower Appellate Court granted stay to the execution of the decree. The appeal is admitted before the District Court. Aggrieved by the order staying the execution of the decree, present writ petition is filed. 2. Shri Deshmukh, the learned counsel contends that the decree has been passed by the Court, even if the case of the present respondent is considered, still the respondent would not 2 wp 5513.11 be entitled for any relief in view of the fact that there is no concept of joint family amongst Mohammedans. The say filed by the petitioner was not at all considered, nor any reasons are given while passing the order of stay. The learned counsel further contends that no security has also been obtained. 3. The appeal before the District Court is admitted. The decree is for possession. Stay would follow the admission of the appeal and the submissions made are required to be considered at the time of final disposal of the appeal. It is true that the petitioner is aged about 86 years as is seen from the clause title. He is prevented from enjoying the fruits of the decree passed in his favour. 5. The writ petition is dismissed with no order as to costs. Taking into account the age of the present petitioner, the lower Appellate Court shall depose of the appeal on its own merits as expeditiously as possible and preferably within a period of nine (9) months from today. [ S. V. GANGAPURWALA, J. ] bsb/July 11