jpc wp6202-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6202 OF 2011 Joti Krishna Savase ... Petitioner Versus Vasant Nivrutti Savase and others ... Respondents Mr. Prashant P. Jadhav for the petitioner CORAM: R. M. SAVANT, J. DATED : 11th November, 2011 P.C. : 1. The above petition takes exception to the order dated 25th July, 2011 passed by the learned Principal District Judge, Sangli below Exh. 25 in Regular Civil Appeal No. 166 of 2008. The said application Exh.25 was filed by the petitioner for staying the execution of the decree which was passed in Regular Civil Suit No. 34 of 1999. The application has been filed in Regular Civil Appeal No. 166 of 2008 filed by him against the order rejecting his application under order 21 Rule 97 of the Code of Civil Procedure. The said appeal had initially came up before the Appeal Court on 3th May, 2008 when notice was issued to the respondents in the said appeal i.e. the decree holders. Admittedly notice of some of jpc wp6202-11.sxw 2 the respondents has not been served though a period of three years has elapsed. The Petitioner, without completing the service of Appeal, has filed the said application Exh.25 for staying the operation of the decree which is dated 1st March, 2008. The First Appellate Court has observed that the petitioner who is appellant in Regular Civil Appeal No. 166 of 2008 has not led any evidence in the suit and therefore, the First Appellate court was constrained to observe that the appellant was not vigilant in prosecuting his remedies. It is on the said basis that the First Appellate Court did not find any reason to grant the reliefs sought by way of Exh.25 for staying the execution of the decree. 2. In the conspectus of facts as narrated above, order of the First Appellate Court rejecting application Exh.25 cannot be faulted with. No case for interdiction is made out. The Writ petition is, accordingly, dismissed. 3. At this stage, the learned advocate for the petitioner applies for stay of the instant order. In the facts and circumstances of the present case, prayer refused. (R. M. SAVANT, J.)