- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6725 OF 2008 ... Nanasaheb Tukaram Nikam since deceased through L.Rs. 1.Smt.Sulochana Nanasaheb Nikam and ors. ..Petitioners v/s. Shri Kachardas Shankarlal Karva ..Respondent ... Mr.M.M.Sathaye for the Petitioners. Mr.S.S.Kanetkar for Respondent. ... CORAM: ANOOP V. MOHTA , J. DATED: 24TH NOVEMBER, 2008 P.C.: 1. The Petitioner-tenant is aggrieved by the impugned order dated 5-9-2008, whereby pending his application under Section 47 of the Civil Procedure Code (CPC). The learned Judge issued possession warrant under Order XXI Rule XXXV of the CPC. 2. Without observing anything further on the merits of the matter, in view of the fact that the application filed by the Applicant is still pending, I see no reason at this stage to pass any order without deciding the said application first. There is no reason given whatsoever to pass the impugned order without deciding the said application. In view of this, the impugned order dated 5-9-2008 is quashed - 2 - and set aside. 3. However, the executing court to pass appropriate order on main application as expeditiously as possible. Writ Petition is accordingly allowed in terms of prayer clause (b). It is made clear that there is no observation with regard to merits of the matter. (ANOOP V. MOHTA, J.)