1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO. 363 OF 2008 IN CIVIL APPLICATION NO. 6583 OF 2008 IN WRIT PETITION NO. 4872 OF 2007 (PENDING) (Telecom Engineering Corporative Housing Society Ltd. .v. Shalikram Vithobaji Nighote) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri P.N. Kendurkar, Advocate for the appellant. CORAM : D.K. DESHMUKH AND PRASANNA B. VARALE, JJ. 27TH NOVEMBER, 2008 Heard. The present appeal has been preferred by the appellant against an order dated 29th September, 2008 passed by the learned Single Judge of this Court, directing the office to place Civil Application of the appellant for seeking modification of the order dated 07.08.2008 before the same Judge who had passed the order dated 07.08.2008. The learned Counsel for the appellant points out to us the provision of Rule 3 in Chapter-XXX of the Bombay High Court Appellate Side Rules and submits that the learned Single Judge could not have directed that the application should be placed before the same 2 Judge, because the same Judge is not presently available at Nagpur and, therefore, in terms of the above Rules, the learned Single Judge, who passed the order, had jurisdiction to consider it. In our opinion, if this is the position then in stead of preferring this appeal, the appellant should have moved the learned Single Judge pointing out the provisions and made his submissions accordingly. We dispose of the present appeal with liberty to the appellant to move the learned Single Judge pointing out the aforesaid provisions. The learned Counsel for the appellant submits that he will move the learned Single Judge for appropriate order within a period of two weeks from today, i.e. till 11th December, 2008. He also states that in the meanwhile, the decree is likely to be executed for taking possession. In the facts and circumstances, it is directed that for a period of two weeks from today, the execution of the decree of possession shall remain stayed. LPA is disposed of as such. JUDGE JUDGE *rrg.