1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4231/2009 (Ramesh N. Dahekar ..vs.. Amol L. Mone and another) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- DECEMBER 03, 2009 Learned Advocate Shri J.B.Kasat for the petitioner states that inspite of specific directions of this Court dated 04/5/2009 in Writ Petition No.4912/2008 for expeditious disposal of application under Order XXI Rule 97 of the Code of Civil Procedure on merits, the learned executing Court has by impugned order refused to stay the execution. He points out that said stay is already granted by this Court directing the parties to maintain status-quo. He further points out that because of orders dated 04/5/2009, the petitioners sought leave to lead evidence by moving an application dated 31/7/2009 and that application has also been erroneously rejected by the trial court. He wants to urge that the provisions of Scheme of Order XXI have not been rightly appreciated. 2 Learned Advocate Shri A.R.Chavan for respondent No.1 - Decree Holder states that law does not contain any provision for permitting petitioners to lead evidence on Order XXI Rule 97 application. On the basis of material on record, that petition needs to be decided. He, however, states that the respondent No.1 will file appropriate say before the trial court on application at Exh.41 for leading evidence and thereafter that application can be decided. He states that the petition under Order XXI Rule 97 should be directed to be decided within a stipulated period. In view of this position, the order dated 31/7/2009 below Exh.41 as also the order dated 28/8/2009 passed below Exh.5 in M.J.C. No. 09/2008 are quashed and set aside. The present respondent No.1 shall file his reply to Exh.41 by 15/12/2009 and the trial court shall decide the said application and thereafter the petition under Order XXI Rule 97 as expeditiously as possible and in any case by 28th February, 2010. Petitioner as also respondent No.1 shall cooperate with the trial Court in the matter. It is needless to mention that the status-quo ordered by this court on 04/5/2009 while deciding the writ petition No. 4912/2008 to continue till then. 3 Writ Petition is disposed of accordingly. No order as to costs. JUDGE Diwale.