Lsp 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 JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 364 of 2009 IN WRIT PETITION NO. 5511 of 2008 Mrs. Faridkhot Irani (deceased) by LRs Mrs. Kejendokht A. Irani & anr. ...Applicant v/s. P.K.Mamoo ...Respondents Khan Javed Akhtar for the applicant. Mr. A.S.Uraizee for the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 16TH FEBRUARY, 2009 : 16TH FEBRUARY, 2009 : 16TH FEBRUARY, 2009 P.C. . Heard Counsel for the parties. 2. By this application, the petitioner landlord prays for stay of hearing of Appeal No. 2/2008 pending before the Small Causes Court at Mumbai during the pendency of Writ Petition No. 5511/2008. The said Writ Petition has been filed by the applicant landlord questioning the correctness of the view taken by the Courts below with regard to change of user which was pressed into service by the landlord as the ground of eviction of respondent tenant. After the decree of possession was passed by the Trial Court, the petitioner landlord has already executed the decree. It is in that background that tenant’s application is being considered by the Court 2 below for restitution of possession of suit premises to the respondent tenant. Indeed, as of now there is no decree of possession operating. The fact, however, remains that the view taken by the Court below in reversing the decree of possession is challenged before this Court and which petition has been admitted and pending. 3. In the circumstances, the appropriate order that would meet the ends of justice is to allow the Lower Appellate Court to proceed with the hearing of Appeal No. 2 of 2008. However, if the decision in the said appeal is adverse to the writ petitioner/landlord, the same shall not be given effect to for a period of four weeks from the date of such decision to enable the applicant landlord to question the correctness thereof on ground available to the landlord before this Court in which case the said writ petition can proceed for hearing alongwith pending Writ Petition No. 5511/2008. On the other hand, if the decision on the application for restitution moved by the tenant is adverse to the tenants, it will be open to the tenant to question the correctness thereof before this court which petition can be heard alongwith Writ Petition No.5511/2008. At any rate, the applicant landlord shall ensure that status-quo as of today with regard to suit premises is maintained till further orders to be passed by this 3 Court in pending Writ Petition No. 5511/2008. . Application is disposed of on the above terms. . Hearing of Writ Petition No. 5511/2008 is expedited to proceed under category ‘Expedited Cases’ as per its turn. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]