1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.1910 of 2008 Sunil Lazares Anthony Petitioner Vs. Col. Alakh Kumar Sinha Respondent Mr.Dushyant Purekar for petitioner. CORAM: B.H.MARLAPALLE, J. April 7, 2008 P.C. . The petitioner is aggrieved by the order dated 16/1/2008 passed by the learned I/c. Additional Judge, Small Causes Court and Jt. Civil Judge, Senior Division, Small Causes Court at Pune in Darkhast No.42 of 2007. In the said Darkhast proceedings a decree passed by the Small Causes Court on 18/7/2006 has been put in execution and in the said proceedings an application at Exhibit 31 came to be filed praying for stay to the proceedings on account of the appointment of the mediator made by this Court. By the impugned order the executing 2 Court observed that the Darkhast proceedings for execution of the decree is not connected with any issue for which this Court has appointed a mediator and nothing has been pointed out before me to show that this finding is contrary to the record or perverse. . Special Civil Suit No.848 of 2001 was filed by the present respondent on the basis of an agreement for sale dated 6/6/1998 for purchase of flat and towards that he had claimed to have paid an amount of Rs.1,78,000/-. He was forced to file Special Civil Suit No.848 of 2001 for specific performance. The trial Court held that though the plaintiff was not entitled for specific performance of the agreement, the plaintiff was entitled to recover an amount of Rs.1,28,000/- which was held to have been paid by the plaintiff to the defendant. In addition interest at the rate of 18 per cent per annum from 6/6/1998 was also directed to be paid. . I have perused the reply filed by the present petitioner to oppose the execution proceedings as well as the order passed by this Court on 26/10/2007 in Criminal Writ Petition No.789 of 2007 with Civil 3 Writ Petition No.3798 of 2007. The said order passed by this Court does not indicate that the decree passed in Special Civil Suit No.848 of 2001 is also a subject matter of the proceedings referred for mediation of Hon’ble Shri Justice J.A.Patil (Retd.). Even in this petition there is no material to come to a conclusion that the said decree is the subject matter of the mediation proceedings. Hence no fault could be found with the view taken by the trial Court that the Darkhast proceedings or the execution of the decree in Special Civil Suit No.848 of 2001 is not connected with any issue for which this Court has appointed a mediator. Interference with the said order in this petition under Article 227 of the Constitution is, therefore, not called for and hence the petition is rejected summarily. . Oral application made for stay of this order is hereby rejected. (B.H.MARL