: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5070 OF 2009 Balasaheb Arjun Thorbole & Ors. ... Petitioners V/s. The State of Maharashtra & Ors. ... Respondents Mr.A.V. Anturkar i/b R.B. Jaybhawe for Petitioners Mr.J.G. Reddy for Resp. Nos.4 to 6 Mr.D.S. Sakhalkar with Ms.M.S. Kumbhar & S.A. Waradkar for Respondent Nos.8 and 9 Mr.V.A. Thorat i/b S.P. Shetye for Resp. No.10 Mr.P.P. Kakade, AGP, for State CORAM: SMT.NISHITA MHATRE, J. DATED: 17th JULY, 2009 P.C.: 1. The petitioners are aggrieved by the order passed on 29.5.2009 by Respondent No.1. According to the learned advocate for the petitioners, the matter was fixed on that date to hear the stay application which was filed alongwith the appeal. Instead of deciding the stay application Respondent No.1 decided the appeal itself without notice to the petitioners. He points out that the order impugned reflects that the arguments advanced were with respect to the stay application. 2. In these circumstances, the Petition is disposed of with the following order: i) The order impugned is set aside. ii) Respondent No.1 shall decide the appeal filed by the petitioners within : 2 : four weeks from today. iii) The parties shall be present before Respondent No.1 on 22.7.2009. iv) The parties will maintain status quo as of today with respect to possession of the petitioners’ premises till the appeal is disposed of. 3. All contentions of the parties raised by any of the parties before this Court are left open. It is obvious that before Respondent No.1 hears the appeals, all papers and proceedings in respect of the appeals shall be served on the respondents herein.