Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2354 of 2008 Shri Anand Narayan Shetty ..Petitioner V/s. State of Maharashtra & Ors. ..Respondents Mr. D.B.Sawant for the petitioner. Ms. Uma Palsuledevi, AGP for resopndent nos. 1 to 3. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 1st October, 2008 : 1st October, 2008 : 1st October, 2008 P.C. . Not on Board. Upon mentioning taken on Board due to urgency pointed out by the Advocate for the petitioner. 2. The limited grievance made in this petition is that the Appellate Authority inspite of repeated request has not passed any order on the stay application moved by the petitioner in the pending appeal. Whereas the interim protection given to the petitioner will expire on Monday i.e. 6th October, 2008. There can be no good reason in not accepting the request of the petitioner especially when the Appellate Authority is not in a position to dispose of the pending appeal before 6th October, 2008. 3. Accordingly, without going into the correctness of 2 the issues to be addressed by the First Appellate Authority in the pending appeal, this petition is disposed of with directions that the order passed by the lower Authority which is pending challenge in the appeal shall not be given effect to till the disposal of the appeal by the Appellate Authority. In the event, the appeal is dismissed and the order is adverse to the petitioner, the same shall not be given effect to for a period of 10 days from the date of communication of the said order so that the petitioner may take up the matter before this Court, if so advised. 4. Petition disposed of accordingly. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]