1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5632 OF 2007 Deepak Devidas Chikhal & Anr. ..Petitioners. V/s. Pravinchandra P. Modi(deceased) & Ors. ..Respondents. Mr.Surel S. Shah for petitioners. Mr.J.S.Chandanani for Respondent Nos. 2 and 4. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 25, 2008. DATE : AUGUST 25, 2008. DATE : AUGUST 25, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Counsel for the Respondent Nos. 2 & 4 states on instruction that the Respondents will maintain status quo as of today with regard to the suit premises. Further, the Respondents shall take recourse to remedy of execution proceedings on the basis of decree of possession passed by the Small Causes Court on 29th April, 2002. In the said proceedings, the Petitioners will be free to register their obstruction at the appropriate stage, if they so desire; and that matter can be considered on its own merits in accordance with the law in the execution proceeding. All questions in that behalf 2 will have to be decided on its own merits uninfluenced by any observation in the Judgment impugned before this Court. This arrangement would secure the interest of the Petitioners. 3. Accordingly, Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)