:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 5543 OF 2007 Rallis India Ltd ...Petitioners Versus Vijay Rai ....Respondents ====== Mr.D.D.Madon, Ld.Senior Counsel with Mr.Rahul Narichania with Mr.R.K.Satpalkar with Mr.Z.A.K. Najam-es-sani i/by. Mulla and Mulla and Cragie Blunt and Caroe Adv. for the petitioners. Mr.A.K.Abhyankar, Senior Counsel and Mahesh Londhe i/by.Sanjay Udeshi Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 4TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The order under challenge before me is an inter-locutory order. It is passed during the course of the request of the respondent-original appellant for stay of execution of the Decree dated 28.9.2006 passed in L.E. and C Suit No. 271/286 of 2001. 2. After this matter was heard for some time, in my view, it would not be proper at this stage, to go :2: :2: :2: into rival contentions on merits and issue any orders or directions. That would prejudice the case of the parties in the pending Appeal. In such circumstances, I am of the view that instead of entertaining this petition, it would be fair, just and proper if hearing of Appeal No. 581 of 2006 pending before the Appellate Bench of the court of Small Causes be expedited and the Appeal itself is directed to be heard and disposed off within a period of three months from the date of the receipt of a copy of this order. 3. Mr.Madon, learned Senior Counsel appearing for the original plaintiff-petitioner before me is agreeable to this course of action, but, Mr.Abhyankar, Learned Senior Counsel for the respondents states that he has no instructions. 4. In my view, in the peculiar facts of this case, this order and direction would sufficiently protect the rights of both sides. The respondent would not be prejudiced in any manner, since no order and direction modifying the interim order of the lower Appellate Court is being issued by this court. :3: :3: :3: 5. In the light of the above and after this opinion was expressed, Mr.Madon, Learned Senior counsel prays for withdrawal of this Writ Petition and it is allowed to be withdrawn and disposed off as such. No order as to costs. 6. All contentions of both sides on merits in the Appeal are kept open. sd/- ********