1 wp4503.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4503 OF 2011 [ Manmath Sangramappa Tattapure vs. Hanumant Sangram Tatapure & Ors. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. H.I. Pathan, Advocate for petitioner. Mr. A.V. Patil, Advocate for R-1 to 7. Mr. P.P. Dama, Advocate for R-8 to 11. CORAM : S.S. SHINDE, J. DATE : 28TH NOVEMBER, 2011 PER COURT : . Heard the Counsel for the petitioner. 2. This writ petition takes exception to the order dated 13-12-2010 below Exhibit-163 in Special Darkhast No.318 of 2001 passed by the Civil Judge, Senior Division, Ahmedpur. The impugned order reads thus : 2 wp4503.11 "Perused application of objection petitioner as well as say. Application moved by objection petitioner for stay the execution until the pending R.C.S. No. 48/07. Other side have took the objection, as the matter is lingering, hence prayed that darkhast be proceeded. I perused the document, as Hon'ble District Judge have granted status quo in this matter hence objection petitioner must produce any order till next date, if the objection petitioner prayed to stay the proceeding, in default, darkhast will proceed. Adjourned on 27-01-2011." 2. Upon perusal of the impugned order, it is crystal clear that, by way of impugned order, the trial Court declined to stay the proceedings and observed that, the order passed by the lower appellate Court is granting status quo as to the possession of the suit property and therefore, if the petitioner/applicant wants further stay of the execution proceedings, he may get 3 wp4503.11 another order from the lower appellate Court. Therefore, in my opinion, best recourse which is open to the petitioner is to approach the lower appellate Court and then get appropriate relief, if otherwise, he is entitled for getting such relief. However, in the present writ petition, grievance made by the petitioner cannot be redressed. 3. In that view of the matter, liberty to the petitioner to withdraw the petition. Writ Petition is allowed to be withdrawn with liberty to file appropriate proceedings before the District Court, Ahmedpur. Writ Petition is accordingly disposed of. [S.S. SHINDE, J.] sut/NOV11