1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.2747 OF 2008 Dnyandeo Nivrutti Awate .. Petitioner Versus Vidhur Chaturbhuj Kute & Ors. .. Respondents Mr.I.M.Khairdi for the petitioner. CORAM : A.S.OKA, J. DATE : 12th August 2009. P.C.: . Heard learned counsel appearing for the petitioner. The petitioner is the original defendant. The 1st to 3rd respondents are the original plaintiffs. The office noting shows that 1st to 3rd respondents have been duly served with the notice. The petitioner alongwith four other defendants preferred an appeal against exparte decree passed against them in the suit filed by the 1st to 3rd respondents. There was an application for condonation of delay filed alongwith the appeal. The said application for condonation of delay is still pending. An application for stay of execution and operation of the impugned decree was filed alongwith application for condonation of delay. By the order impugned in this writ petition, the said application for stay has been rejected. 2 2. The learned counsel appearing for the petitioner stated that as of today the application for condonation of delay is pending. 3. On 18th October 2009 this Court issued notice to the respondents and directed the parties to maintain status-quo as of that date. The said order is operating till today. As the main application for condonation of delay is still pending, no purpose will be served by keeping this petition pending especially when the ad-interim order passed by this Court is operating from 18th October 2008. 4. Hence, the writ petition is disposed of by directing that the Appellate Court will hear and decide the Civil Misc. Application No.259 of 2006 as expeditiously as possible and preferably within a period of three months from the date of production of authenticated copy of this order. Till the disposal of the said application for condonation of delay, ad-interim relief granted by this Court on 18th October 2009 will continue to operate. All contentions of the parties in the pending application for condonation of delay are expressly kept open. (A.S.OKA,J)