1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5880 OF 2010. Smt. Shantabai Pandurangji Pawar and others. -: VERSUS :- Shri Madhukar Gulabrao Kalbande Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 16, 2010. Heard Shri A.P. Wachasunder, learned Counsel for petitioners. The landlord in petition before this Court is challenging the order dated 24.09.2010 passed by the District and Sessions Judge in Regular Civil Appeal No. 196/2010, granting stay to the execution of the judgment and decree of eviction of respondent – tenant. By placing reliance upon paragraph no.8 of the judgment of Hon'ble Apex Court reported at 2005 [1] SCC 705 (Atmaram Properties (P) Ltd. .vrs. Fedral Motors (P) Ltd.), the learned Counsel contends that as the trial Court has recognized bonafide need of petitioner, such decree could 2 not have been stayed during the pendency of the appeal. Perusal of paragraph no.8 does not support that contention. On the contrary, paragraph no.9 the Hon'ble Apex Court has stated that dispossession during the pendency of appeal is generally considered to be substantial loss to the party. In view of this position, I am not inclined to interfere in the matter in writ jurisdiction. Petition is therefore, dismissed. At this stage, learned counsel states that hearing of the appeal be expedited. Accordingly hearing of appeal is expedited. JUDGE Rgd.