1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION LETTERS LETTERS LETTERS PATENT APPEAL NO. 225 OF 2006 PATENT APPEAL NO. 225 OF 2006 PATENT APPEAL NO. 225 OF 2006 Binay Bahadur Srivastava .... Appellant vs Vidyadhar Hemchandra Mody ... Respondent Mr.Binay Bahadur Srivastava in person Mr.Vidyadhar Hemchandra Mody in person CORAM: CORAM: CORAM: D.G.DESHPANDE AND D.G.DESHPANDE AND D.G.DESHPANDE AND SMT.ROSHAN SMT.ROSHAN SMT.ROSHAN DALVI, JJ DALVI, JJ DALVI, JJ DATE DATE DATE : : : 5th December, 2006 5th December, 2006 5th December, 2006 P.C. P.C. P.C. 1. Heard the petitioner and the respondent in person. 2. The respondent says that his advocate is busy 2 in some matter at Bandra Court and would not be available till 22nd December, 2006. He prayed for time till 22nd December, 2006 which means that he wants the case to be adjourned beyond vacation. On the other hand, counsel for the petitioner contended that he is a decree holder of the decree for ejectment of the premises. Two Courts below have given a finding in his favour. He got the decree executed. But, the respondent filed a petition challenging the final order and as a result of the order passed in that petition, the petitioner landlord was required to hand over the posession back to the tenant within 24 hours and when he applied for vacating the stay, the prayer was rejected by an order dated 15th September, 2006 and the when the petitioner prayed for early hearing, he was given liberty to apply for early hearing after six months. That order is dated 15th September, 2006. Three months out of that will be complete on 15th December, 2006. 3. The petitioner contended that he would be satisfied if the main petition bearing No.7942 of 2005 is expedited and fixed for hearing. We find the prayer reasonable and therefore, we request the Single Judge to take up Petition No. 7942 of 2005 3 for final hearing as early as possible. We tentatively fix the date for final hearing as 22nd January, 2007. We hope that the petition will be heard and decided before the end of February, 2007. 4. This order was understood by the respondent and explained to him in Hindi. 5. L.P.A. is disposed of with these directions. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J) (D.G.Deshpande, (D.G.Deshpande, (D.G.Deshpande, J) J) J)