: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3588 OF 2009 Amrataben V. Mota ... Petitioner V/s. Hitesh Babulal Doshi ... Respondent Mr.M.P. Vashi for Petitioner Mr.Khan Javed Akhtar for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: 29th JUNE, 2009 P. C.: 1. The petition has been filed against the order impugned in the writ petition which has been passed by the appellate Bench of the Small Causes Court. By this petition, the appellate Court had stayed the execution of the decree dated 16.9.2006 passed in RAE & R Suit No.373/627 of 2000 on condition that the appellant i.e. the Petitioner herein continues to deposit an amount of Rs.5,000/- per month in Court on or before 15th day of each month commencing from March 2009. 2. An affidavit has been filed by the respondent landlord in which it has been stated that the decree passed by the trial Court has already been executed and the obstructionist notice has been made absolute on 4.10.2007. 3. In these circumstances, I see no reason to interfere with the order passed by the appellate Court since the tenant is not in possession of the premises. 4. Petition rejected. All interim orders if any stand vacated.