1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4600 OF 2009 Jabbar s/o. Rasul Tamboli Age 42 years, Occ. Agri. R/o. Yermala, Taluka Kallam District Osmanabad .. petitioners Versus 1. Musa s/o. Rasul Tamboli Age 46 years, Occ. Agri and Business, 2. Ahmed s/o. Musa Tamboli, Age 24 years, 3. Javed s/o. Musa Tamboli Age 21 years, Occupation of respondent Nos. 2 and 3 Agriculture All R/i, Yermala, Taluka Kallam, District Osmanabad. .. Respondent. --- Mr. N.B. Suryawanshi, Advocate for petitioner. Mr. S.Y. Mahajan, Advocate for respondent Nos. 1 to 3. CORAM : B.R. GAVAI, J. DATE : 17th July, 2009. ORAL ORDER :- 1] Rule. Rule made returnable forthwith. 2 2] By way of present petition, the petitioner challenges the order dated 9th July, 2009, vide which the application fled by the respondent for stay to the order of injunction granted by the learned Civil Judge (J.D.), Kalamb dated 20th November, 2008 came to be allowed. 3] Since I am of the considered view that it was not justified on the part of the learned Appellate Court to have decided the said application in Misc. Appeal No. 2/2009 by granting stay to the injunction granted on 20th November, 2008 i.e. after a period of almost 8 months, I am not inclined to go into the merits of the matter. The learned Appellate Court could have decided the Misc. Civil Appeal itself within that period. 4] In the result, the impugned order dated 9th July, 2009 is quashed and set aside. The learned District Judge, Osmanabad is directed to dispose of the Misc. Civil Appeal No. 2/2009 filed by the respondent herein, as expeditiously as possible and in any case, within a period of one month from today. Parties agree to appear before the learned District Judge, on 22nd July, 2009. In that view of the matter, the requirement of formal notices stands waived. Rule made absolute in above terms, with no orders as to costs. [B.R. GAVAI,J.] Grt/- 3