1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 42 OF 2009 IN SECOND APPEAL NO. 35 OF 2007 Shankar Pandurang Patil ........Applicant versus Ishawara Shankar Patil & ors........ Respondents. Mr. Manoj Kadam adv. for the Applicant Mr. Pratap Patil adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 14th JANUARY, 2009. P.C.: 1. Record reveals that there is no executable decree in existence. Hence there is no question of grant of stay of the execution. The decree for injunction was passed in favour of the appellant and against defendant no.1. However the said decree has been set aside in the appeal and thus the original plaintiff has filed second appeal. In this fact situation, there is no question of granting stay of execution as prayed for. Hence, application filed by the resposndent no.1/applicant being misconceived the same is dismissed, with liberty to approach the trial court and intimate that there does not exist any executable decree in favour of the present appellant and consequentially make a prayer for dismissal of the execution. Application thus stands dismissed. (A. P. DESHPANDE, J.) 2