38-WP11428-2026.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11428 OF 2026 Vimal Ramkrushna Rasal and ors. ...Petitioners Versus Kamlakar Balkrushna Tahkur …Respondent Mr. Vijay Gharat, a/w Sarvesh Gharat and Nidhi Mankar, for the Petitioners. CORAM: N. J. JAMADAR, J. DATED: 7th SEPTEMBER, 2026 PC:- 1. Heard the learned Counsel for the petitioners. 2. The challenge in this petition is to an order of issue possession warrant passed by the Executing Court. The learned Counsel for the petitioners submits that, the petitioners have already filed an appeal against the decree which is sought to be executed in Regular Darkhast No.3/2025. 3. Since the petitioners have already filed an appeal before the District Court, the petitioners will have to work out their remedy before the Appellate Court in the pending appeal. 4. A grievance was made on behalf of the petitioners that the appeal is not being taken up for hearing. 1/2 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.09.08 10:16:41 +0530 38-WP11428-2026.DOC 5. The learned District Judge seized with the appeal is requested to take up the application for stay to the execution and operation of the decree which is put to execution in Regular Darkhast No.3/2025, expeditiously. 6. The petitioners are permitted to move the Appellate Court with a prayer to take the appeal on the board of the Appellate Court. 7. The petition stands disposed. [N. J. JAMADAR, J.] 2/2