1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8661 OF 2009 Gram Panchayat, Ganeshpuri ...Petitioner vs. Gurudev Ciddh Peeth & Ors. ...Respondents Mr.Anilkumar Patil for the petitioner Mr.K.S.Dewal for the respondents CORAM :A.S.OKA,J. DATE : OCTOBER 15, 2009 P.C. 1 Heard the learned counsel for the petitioner. He invited my attention to the impugned order dated 4th October 2009 passed by the learned District Judge,Thane. He submitted that the order was passed on a holiday. The grievance of the petitioner is about the manner in which the order was passed. It is submitted that the order was passed on a Sunday without there being any urgency and without giving any opportunity of being heard to the petitioner. It is submitted that the Appellate Court ought not to have granted order of status quo on Sunday. 2 I have considered the submissions. The application at Exhibit 5 was rejected by the trial court on 3rd October 2009. Being aggrieved by the said order, the respondent preferred Misc. Civil Appeal No.105 of 2009 before the District Court on Sunday i.e. 4th October 2009. The learned counsel for the respondent pointed out that there was an urgency as there was no ad-interim order passed by the trial court and that is the reason to move the District Court on a holiday. He pointed out that as the trial court passed order on Saturday, the respondents had to move the Appellate Court on Sunday. 2 3 The Appellate Court has a power to entertain an Appeal on a court holiday provided there is a real extraordinary urgency. When court entertains a matter on a holiday, the order must normally reflect the existence of an urgency to entertain the matter on a holiday. The impugned order is silent about any such urgency. However, the impugned order was operative only till 8th October 2009. Therefore, only on this ground, no interference can be made. 4 Hence, I pass the following order : i) The interim application in Misc.Civil Appeal No.105 of 2009 shall be heard and decided within six weeks. The Appeal shall be heard and decided as expeditiously as possible. ii)All contentions of the parties on merits of the pending appeal are kept open. iii)Writ petition is disposed of in above terms. JUDGE