1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1741 OF 2008 Shri Manish D. Shah. ..Petitioner. V/s. Shri Pramod Shah & ors. ..Respondents. Mr.V.B.Tapkir for petitioner. Mr.Udayan S. Jain for respondent Nos. 1 and 2. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 12, 2008. DATE : AUGUST 12, 2008. DATE : AUGUST 12, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. I find no reason to interfere with the discretionary order passed by the Court below in exercise of writ jurisdiction. 3. Besides during the course of argument, Counsel for the Respondents/Plaintiffs pointed out that the Petitioner who is defendant in the suit has already executed registered sale deed in favour of the Respondents/Plaintiffs on 4th May, 2006. In view of that position, nothing would survive for consideration in the suit itself, because that was the limited claim in the suit, which was to be stayed 2 as prayed by the Petitioner in the Application Exh.24. 4. In the circumstances, Petition is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)