IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1326/09 ( Ishwar Zade ..vs.. Rekha Dadoria) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 1 st APRIL, 2009 Heard Shri Jetha, Advocate for the petitioners . Petitioners are challenging the order passed by the Ad-hoc Additional District Judge, Nagpur dated 23.1.2009 in Regular Civil Appeal No.267/2008. The respondents had filed suit for declaration, that the decree obtained by the petitioner in R.C.S.No.267/1983 was obtained by fraud. However, that suit was dismissed. Against that the present appeal was filed. In the appeal, respondents had sought stay of the effect, operation and implementation of the judgment of the trial court and staying the execution proceedings bearing S.D.No.100/1984 which was arising out the judgment and decree of the earlier suit by the petitioners. I have gone through the impugned order. Learned appellate Judge has given sufficient reasons for passing the impugned order. It appears that the appeal was against the dismissal of the suit for getting the decree set aside which was allegedly obtained by playing fraud on the court. As such stay of the execution arising out of the earlier judgment and decree during the pendency of the appeal was justified. At any rate impugned order can not be said to be of such nature for which interference of this court in its extra ordinary writ jurisdiction is warranted. Petition dismissed. However, learned appellate Judge is directed to dispose of the relevant appeal, as early as possible, in any case within a period of 6 months from the date of communication of this order. JUDGE SMP