Shri. Pankaj J. Das For R.No. 2

Order - Status 5: IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5757 OF 2008 Mr.Baliram Namdev Wagh. ..Petitioner. V/s. State of Maharashtra & Anr. ..Respondents. None present. CORAM: A.M.KHANWILKAR,J DATE : AUGUST 6, 2008. P.C. : None appears. Dismissed for non-prosecution. (A.M.KHANWILKAR,J)

Order - Status 11: mptIN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5757 of 2008 Mr.Baliram .. Namdev Wagh Petitioner versus State.. of Maharashtra & Anr. Respondents ... Mr.K.H. Holambe for the petitioner. CORAM : A.M.KHANWILKAR, J DATED : 5th September 2008 P.C.: 1.Issue notice returnable on 1st October 2008. 2.In addition, petitioners to serve the respondents by advocate's notice, either personally or by courier/speed post/e-mail/fax, and file an affidavit of service before the returnable date. 3.Status quo as of today be maintained with regard to the suit property. (A.M.KHANWILKAR, J)

Order - Status 13: ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5757 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's Orders Court's or Judge's Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.B.V.Holambe-Patil for the Petitioner. Mr.Rajesh Behere for Respondent No.2. CORAM : ANOOP V.MOHTA, J. DATED : 1st October, 2008. P.C. . By consent, adjourned for two weeks. Status-quo as ordered on 5th September, 2008 to continue till then. [ ANOOP V.MOHTA,J.]

Order - Status 16: ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5757 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's Orders Court's or Judge's Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.B.V.Holambe-Patil i/by Mr.K.H.Holame for the Petitioner. Mr.Rajesh Behere for Respondent No.2. CORAM : ANOOP V.MOHTA, J. DATED : 17th October, 2008. P.C. . By consent, adjourned to 24/10/2008. Meanwhile, status-quo to continue till then. [ ANOOP V.MOHTA,J.]

Order - Status 20: SPB FARAD CONTINUATION SHEET No. I IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5757 OF 2008 Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders None for the Petitioner. Mr.S.A. Rayrikar, AGP for the State. Mr.Sameer D. Pendse i/by Rajesh Behere for the respondent no.2. CORAM : ANOOP V. MOHTA, J. DATE : 04TH DECEMBER, 2008 P.C.: 1. None present for the petitioner again. Put on Wednesday, the 10th of December, 2008 as a last chance for dismissal. (Anoop V.Mohta,J)

Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5757 OF 2008 Mr. Baliram Namdev Wagh .... Petitioner Vs. State of Maharashtra & Anr. .... Respondents None present for the Petitioner. Shri Sameer D. Pendse i/b Shri Rajesh Behere for Respondent No.2. CORAM: ANOOP V. MOHTA, J. DATED: DECEMBER 10, 2008 P.C: As none appeared for the petitioner on 2-12-2008, the matter was adjourned to 4-12-2008 for dismissal. On 4-12-2008 as again none appeared for the petitioner, as last chance, the matter was ordered to be listed today under the same caption. Even today when the matter is called out, none appears for the petitioner. In the circumstances, the petition is dismissed for default. (ANOOP V. MOHTA, J.) sjs/D8wp5757.8

Order - Status 27: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5757 OF 2008 Mr.Baliram Namdev Wagh ...Petitioner V/s. State of Maharashtra & Anr. ...Respondents ...... Mr.Ganesh Nagargose i/b Mr.K.H.Holambe Patil for Petitioner. Mr.S.D.Rayrikar, A.G.P. for Respondent No.1. Mr.Pankaj Das for Respondent No.2. CORAM: A.M.KHANWILKAR, J. MARCH 20, 2009. P.C. ...... Request for adjournment is made on the ground that the Advocate on record for the Petitioner is unwell and has been hospitalised. In the circumstances, stand over to 30th April 2009. A.M.KHANWILKAR, J.

Order - Status 32: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.5757 OF 2008 Mr.Baliram Namdev Wagh .. Petitioner Versus State of Maharashtra & Anr. .. Respondents Mr.K.H.Holambe-Patil for the petitioner. Mr.S.D.Rayrikar, A.G.P for the State. Mr.Milind D. Parab for the respondent no.2. CORAM : A.S.OKA, J. DATE : 12th August 2009. P.C.: . Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent no.2. The petitioner is the 1st defendant. The 2nd respondent is the original plaintiff. In a suit filed by the 2nd respondent, ex-parte decree has been passed against the petitioner. The petitioner has made an application for setting aside the exparte decree and has also prayed for stay. In the meanwhile, 2nd respondent filed execution application and applied for arrest and detention of the petitioner under Rule 30 of Order XXI of the Code of Civil Procedure, 1908. An application was made by the petitioner in the execution application for stay of proceedings of the execution on the ground that his application for setting aside exparte decree was pending. By the impugned order the said application has been rejected. After having considered the submissions of the petitioner, I find no fault with the impugned order. The application filed by the petitioner for setting aside the exparte decree is still pending. If at all the petitioner is entitled to stay of execution of the decree, he has to apply for stay in application for setting aside exparte decree. Unless stay is granted in application for setting aside exparte decree, the executing Court was justified in not granting stay. Unless there is a stay granted to the execution by the competent Court in appropriate proceedings, the execution has to proceed. Therefore, no case for interference is made out. However, it will be open for the petitioner to apply for stay in the pending application for setting aside the exparte decree. To enable the petitioner to do so, ad-interim relief granted by this Court can be continued for a reasonable time. Hence, I pass the following order: : O R D E R : (a) The petition is rejected. The rejection of the petition will not preclude the petitioner from applying for appropriate interim relief in the pending application for setting aside exparte decree. (b) To enable the petitioner to take steps, ad-interim relief granted by this Court on 17th October 2008 will continue to operate for a period of six weeks from today. (A.S.OKA,J)