1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 810 OF 2009 Gajanan Manikrao Kadam R/o. Sonkhed, Tq. Loha, Dist. Nanded. ....Petitioner. Versus 1. Vankatrao Shankarrao More, 2. Vithal Shankarrao More, 3. Ramdas Shankarrao More, 4. Laxmibai Shankarrao More, 5. Pandirao Laxmanrao More, All R/o. Sonkhed, Tq. Loha, Dist. Nanded. ....Respondents. Shri. H.I. Pathan Advocate for petitioners. CORAM : B.R. GAVAI, J. DATE : 15TH JUNE, 2009 PER COURT : 1. By way of present petition, the petitioner challenges the order dated 17th November 2008 passed by the learned Civil Judge, Junior Division, Loha, thereby rejecting the application filed by the present petitioner for stay of execution proceeding in Regular Darkhast No. 23/2005. 2 2. The trial Court while rejecting the application has referred to order passed by the learned Single Judge of this Court in Writ Petition No. 2274/2008 by which this Court has directed the Executing Court to proceed with the execution proceeding as expeditiously as possible. 3. Shri. Pathan, learned counsel for the petitioner submits that since the letters patent appeal is pending before the Division Bench of this Court, the learned executing Court ought to have stayed the execution proceedings. 4. The Single Judge of his Court has passed the order on 31st July 2008. Almost period of one year has been lapsed from the date of order. Admittedly, there is no stay in the matter. In that view of the matter, no perversity could be found in the approach adopted by the learned trial Court which was bound to act as per the directions issued by the learned Single Judge of this Court in Writ Petition No. 2274/2008. No interference is warranted in the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India. Hence, the writ petition is dismissed. [ B.R. GAVAI, J. ] ssc/wp810.09