1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7519 OF 2010 The Chief Executive Officer, Municipal Council, Nilanga, Tq. Nilanga, District Latur. Petitioner Versus Govind Dashrathrao Patil, and others Respondents Mr. S.G.Rudrawar, advocate for the petitioner. CORAM: R.M.BORDE, J. DATE : 01 st October, 2010. P.C.: 1 Application tendered by petitioner – original defendant in an appeal seeking stay of execution of decree has been rejected by the appellate Court. 2 The decree passed in favour of plaintiffs is in respect of return of 15 bags of toor as agricultural produce, which is claimed by plaintiffs. Defendant do not claim to be owner of the goods. It also further appears that there was no written statement presented by defendant before the trial Court. As such, suit proceeded without there being any defence raised by concerned 2 defendant – petitioner herein. Considering nature of the goods i.e. perishable agricultural produce, the first appellate Court has rightly refused to grant stay to execution of the decree. Petition is devoid of substance. 3 Writ Petition, therefore, stands rejected. (R.M.BORDE) JUDGE ******* adb/wp751910