1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2729 OF 2010 Prakash Rangnath Kulkarni & another .. PETITIONERS VERSUS Shambhu Narayan Surwase .. RESPONDENT Mr. A.U. Patil, Advocate holding for Mr. A.N. Gaddime, Advocate for the petitioners. ===== CORAM : R. M. BORDE, J. DATE : 20 th APRIL, 2010. PER COURT : 1 Application tendered by the petitioners in pending appeal seeking stay to the execution of the decree has been turned down by the first appellate court in view of order passed on 14-1-2010. 2 Respondent herein presented suit being Regular Civil Suit no. 39/2008 claiming decree of declaration of ownership and perpetual injunction restraining the defendants from creating obstruction to the possession, has been decreed by the trial court. Defendants / petitioners herein even did not bother to file written statement before the trial court. Defendants 2 preferred appeal raising exception to the decree and requested the first appellate court to grant stay to the execution and operation of the decree passed by the trial court. The first appellate court considering all the relevant circumstances has rejected the application. 3 I have perused the order passed by the first appellate court on 14-1-2010 and heard arguments advanced by learned counsel for the petitioner. In my opinion, this is not a fit case for causing interference in exercise of writ jurisdiction under Article 227 of the Constitution of India. Petitioners, however, can may request to the first appellate court for expeditious disposal of the appeal. If petitioners / original defendants make a request to the first appellate court for expeditious disposal of the appeal, the first appellate court may consider the request and dispose of the appeal as expeditiously as possible. Petition stands rejected. 4 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp2729.10.odt