1 (WP2828.2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2828 OF 2011 Ratanlal Gulabchand Gundecha .... Petitioner. V/s Shashikant Kantilal Shah and others .... Respondents. Mrs. Preeti B. Walimbe for the Petitioner. Mr. S.N. Chandrachud for Respondent No.1. CORAM: V. M. KANADE, J. DATE : 11th July, 2011 P.C.:- 1. Heard the learned Counsel for the Petitioner and the learned Counsel for the Respondents. 2. Petitioner is aggrieved by the order dated 15/12/2010 passed by the District Judge-2, Pune who was pleased to vacate the stay which was granted to the execution of the decree passed by the Trial Court. The said order was passed since the lower Appellate Court came to the conclusion that the Petitioner herein did not comply with the condition which was imposed by the Court of making payment of rent from month to month. 2 (WP2828.2011) 3. The learned Counsel appearing on behalf of the Petitioner submitted that though there was some delay in making payment of rent, the said amount was paid and, as of today, there are no arrears of rent. She has tendered copy of the receipt to the learned Counsel appearing on behalf of Respondent No.1 who has verified this fact. He has fairly stated that the decree passed by the Trial Court shall not be executed during pendency of the appeal. 4. In my view, the lower Appellate Court did not take into consideration that though there was some delay in making payment of rent, the order was complied with. In this view of the matter, the impugned order passed by the District Court is set aside. Stay which was initially granted is restored. The lower Appellate Court, however, shall decide the appeal within a period of four months from today. Petitioner shall co-operate with the District Court and ensure that the matter is heard and disposed of within four months. 5. Petition is accordingly disposed of. (V.M. KANADE, J.) 3 (WP2828.2011)