:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8489 OF 2006 Smt. Hirabai Dinkar Jagtap and ors. ..Petitioners Vs. Shri Ashok Abaji Jagtap and anr. ..Respondents Mrs.S.S. Deshpande for petitioners. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : June 06, 2008. Date : June 06, 2008. Date : June 06, 2008. P.C.: P.C.: P.C.: 1. Heard Mrs. Deshpande the learned counsel for the petitioners. She states that the connected petition i.e. Writ Petition No. 4241 of 2000 has been dismissed in default and she is likely to submit an application for its restoration. 2. This petition is directed against the order passed by the SDO at Pune on 16/8/2003 and it is an interlocutory order. The SDO has stated that Tenancy Appeal No. 43 of 2001 will be decided by him after the disposal of Writ Petition No. 4241 of 2000 and more so when ad-interim order was passed by this court :2: in the said petition. However, the learned counsel for the petitioners pointed out that in the impugned interlocutory order, the SDO has upheld the findings recorded by the Tahsildar and thus has virtually decided the appeal. 3. It is hereby clarified that the findings recorded by the SDO by the impugned order to the effect that the Tahsildar’s findings are proper, shall be treated to prima facie findings declining interim prayer of the petitioners in the pending appeal and the said appeal will have to be heard and decided on merits by the SDO subject to the result in Writ Petition No. 4241 of 2000 if and when restored. The learned counsel for the petitioners undertakes that she will file the restoration application within two weeks from today. 4. The petition is disposed off with the above clarifications. :3: (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)