1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 3767/2008 Smt. Ishwaribai wd/o Laxmandas Kamwani and others ..vs.. Pravin Someshwar Manurkar and another -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. V. R. Mundra, Advocate for the petitioners. Mr. P. A. Gode, Advocate for the respondents. CORAM: B. P. DHARMADHIKARI, J. DATED : 16 th OCTOBER, 2008 1. Heard Mr. Mundra, Advocate for the petitioners- tenants and Mr.Gode, Advocate for the respondents-landlord. 2. The appeal filed by the petitioners is still pending before the lower appellate Court, however, the lower appellate Court has refused to pass any interim orders in favour of the petitioners after noticing certain facts. Mr.Gode, Advocate relied upon the judgment of the trial Court to show that the grant of interim relief, at this stage, in favour of the petitioners will amount to abuse of process of law. However, I find that the appeal is a statutory remedy and unless and until the facts are crystallized in the appeal, at this stage, nothing can be predicted with certainty. 2 3. Mr. Mundra, Advocate shows his readiness and willingness to supply private paper book by 30.11.2008. Mr.Gode, Advocate states that the present respondents had made the efforts to file private paper book with a request to decide the appeal itself, expeditiously. 4. In these circumstance, the present respondents shall not execute the decree till the appeal is finally decided and if the petitioners file private paper book by 30.11.2008, the lower appellate Court shall expeditiously decide the appeal finally on merits, as expeditiously as, possible and in any case by 30.01.2009. 5. In view of this, nothing survives in the writ petition. The writ petition is accordingly disposed of with no order as to costs. JUDGE kahale