1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8991 OF 2009 TCI Telenet Solutions Pvt.Ltd. .... Petitioner vs Millennium Motors Private Limited .... Respondent Mr.Ajay K. Panicker for the petitioner. Mr. S.S. Kanetkar for the respondent. CORAM: ANOOP V. MOHTA, J. DATE : 16th April, 2010 P.C.: 1 Rule, made returnable forthwith. Heard finally. 2 In a Special Darkhast No.54/2009 on an Application filed on behalf of J.D., the learned Additional Judge, Small Causes Court, Pune by impugned Order dated 07.07.2009, stayed the execution petition itself until further orders. That halted the whole execution proceeding itself filed by the petitioner, based upon the Order passed by this Court in Appeal No.678/2008. The Application filed by the J.D. Was to stay the execution of possession of warrant issued vide Order dated 25.06.2009 and not for stay of execution petition itself. Even otherwise, it is necessary for the executing Court to decide all the applications and rival contentions by giving full opportunity and pass appropriate order. In that process, in my view, there is no question of stay of the execution Petition/proceeding itself. It will frustrate the whole object and purpose of the 2 execution proceeding and specifically when the Application was to stay the execution of possession warrant. 3 Therefore, without going further into the merits as well as rival contentions of the parties, the impugned Order dated 7.7.2009 to the extent of stay of the execution Petition is quashed and set aside. The learned executing Court, Pune to proceed in accordance with law by giving opportunity to both the parties and by passing orders on the pending Applications as early as possible, preferably within six months. 4 Resultantly, the petition is allowed. Rule is made absolute in the above terms. No order as to costs. 5 It is made clear that as already observed and even submitted by the learned counsel for the petitioner that the learned Judge has already recalled the warrant of possession so that aspect also need to be considered along with other applications, if any pending. (ANOOP V. MOHTA, J.)