1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6076 OF 2009 Mrs.Jyoti Shridhar Kshirsagar .... Petitioner Vs. Mr.Sudhagad Education Society, Pali .... Respondents Mr.Uday P. Warunjikar for the Petitioner. Mr.R.S. Apte, Senior Advocate i/b. Mr.Mandar V .Limaye for Respondents. CORAM : A.S. OKA, J. DATE : 16 th OCTOBER, 2009 P.C. : Heard learned counsel appearing for the Petitioner and the learned Senior Counsel appearing for the Respondents. The Petitioner is the original plaintiff. A temporary injunction was granted in favour of the Petitioner/Plaintiff on 16th May, 2009 by the Trial Court by which the Respondent was restrained from implementing the order of transfer dated 11th December, 2 2008. By the impugned order dated 2nd July, 2009, the learned District Judge has stayed the operation of the order pending the final disposal of the Appeal against the order granting temporary injunction. 2. After having heard the learned counsel appearing for the parties and after considering the averments in paragraph 14 of the Petition, prima facie it appears to me that the Advocate for the Petitioner was not heard before passing the impugned order. There is no consideration of merits and the order appears to have been passed only on the basis of the pendency of an application under Rule 2A of order XXXIX of the Code of Civil Procedure, 1908 before the Trial Court. 3. The learned Senior Counsel appearing for the Respondents states that instead of keeping the petition pending in this Court, the District Court be directed to reconsider the application for stay. The said request is reasonable and deserves to be accepted. Hence, I pass the following order : 3 :: O R D E R :: i. The impugned order dated 2nd July, 2009 is quashed and set aside and the application at Exhibit 6 is restored to file of the District Court. ii. After hearing the parties, the learned District Judge will decide the said application afresh in accordance with law. iii. The application shall be decided on or before 19th December, 2009. iv. If the appeal is otherwise ready for final hearing, the learned District Judge will immediately take up the Appeal for hearing instead of hearing the application for stay and shall dispose of the same on or before 19th December, 2009. 4 v. Only in the event the Appeal is not ready or that the learned District Judge unable to hear the appeal due to pendency of old matters, the application for stay shall be taken up for hearing in terms of this order. vi. All the contentions of the parties on merits are expressly kept open. vii. It is obvious that till 19th December, 2009 the Trial Court will not proceed with the application under Rule 2A of order XXXIX of the Code of Civil Procedure Code, 1908. viii. The parties are directed to appear before the learned District Judge on 7th November, 2009. ix. The petition is disposed of in the above 5 terms. x. The explanation dated 9th October, 2009 submitted by the Section Officer is accepted and no further action is called for in that behalf. [A.S. OKA, J.]