1 wp-9649.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9649 OF 2011 Vitthal Haribhau Karande and ors. : Petitioners versus Late Digamber Narayan Tile Through Legal Heirs Shri Vijay Dagambe Tile and ors. : Respondents. Mr. Pramod J Pawar for the Petitioners. CORAM : R M SAVANT, J. DATE : 14th December 2011 P.C. 1 The Application of the landlord under Order 21 Rule 97 of the Code of Civil Procedure for removal of the obstruction was allowed pursuant to which the Regular Civil Suit No.505 of 2011 came to be filed by the other occupants of the tenanted premises in question who are the brothers of the judgment debtor. It is an undisputed fact that they all are staying together in the tenanted premises. Therefore, the 1st Appellate Court in the Appeal filed by the Petitioner against the order passed on the Application under Order 21 Rule 97 of the CPC need not deem it fit to continue the stay of possession which was operating in favour of the Petitioners as their case of absence of knowledge of decree could not be accepted. It is the said order which has been impugned in the present Petition. 2 wp-9649.11.sxw 2 Be that as it may, it is not necessary to go into the merits of the matter in view of the supervening event, as the learned counsel for the Petitioners states that the possession has already been taken by the landlord pursuant to the decree. In that view of the matter, no case for interference is made out. The above Writ Petition is accordingly dismissed. [R.M.SAVANT, J]