1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.1321 OF 2009 IN EXECUTION APPLICATION NO.253 OF 2009 IN SUMMARY SUIT NO.1409 OF 2005 S.S.Agarwal .. Plaintiff versus K.V.Varghese .. Defendant Mr.T.J.Pandian for the plaintiff. Mr.Ajay Paniker for the defendant. CORAM : A.S.OKA, J. DATE : 1st December 2009. P.C: . The learned counsel appearing for the plaintiff states that notice has been served and in fact defendant is represented by an advocate. None appears for the defendant. There is no reply filed. Notice is made absolute. After the notice was made absolute, the learned advocate for the defendant appears and states that an appeal has been preferred by the defendant for challenging order of dismissal of notice of motion in which a prayer was made for setting aside the decree. As of today there is no stay granted in appeal. As it is pointed out that the appeal is pending before Division Bench, the execution shall not proceed for a period of four weeks from today to enable the defendant to seek appropriate interim relief in the appeal. (A.S.OKA,J)