-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.7212 OF 2006 Shri Ganpatrao Jayantrao Gawade : Petitioner V/s. Sudam Laxman Gurav, since deceased through legal heirs: 1a. Shri Ashok Sudam Gurav & Ors. : Respondents .... Mr.A.B.Avhad for the petitioner. Mr.P.S.Dani for respondent no.1. .... CORAM : S.A.BOBDE, J. DATE : JANUARY 29, 2008. P.C. 1. The petitioner has challenged the order of the Divisional Commissioner, Pune, dated 20.6.2005 vacating stay. 2. Apparently, the learned Commissioner has vacated the stay on the ground that the order of the S.D.O. has been executed and mutation entries have been passed. There is a dispute about who is in possession. If it was only the question of the mutation entries, then the vacation of stay may have been justified. However, it is not clear -: 2 :- whether the respondent has also taken over possession in pursuance of the order of the S.D.O. Before me, there is a dispute as to who is in possession. According to the petitioner, he is still in possession. The learned counsel for the respondent no.1 is unable to make any statement to that effect. 3. Having regard to these circumstances, it would be appropriate in the interest of justice to set aside the order dated 20.6.2005 and direct the learned Divisional Commissioner to decide the application for stay afresh unless, of course, the revision itself can be decided finally in the meanwhile. The learned Commissioner may pass an order regarding stay within a period of four weeks from 4.2.2008. The parties are directed to appear before the Commissioner or appropriate Tribunal on 4.2.2008. Till then there shall be status quo. 4. The Writ Petition stands disposed of. S.A. BOBDE, J.