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. CIVIL CIVIL CIVIL APPLICATION NO.1833 OF 2007. APPLICATION NO.1833 OF 2007. APPLICATION NO.1833 OF 2007. IN IN IN SECOND SECOND SECOND APPEAL NO.997 OF 2007. APPEAL NO.997 OF 2007. APPEAL NO.997 OF 2007. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri P.M.Arjunwadkar for the Applicants. Shri Ashutosh Kulkarni for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 28th February, 2008. : 28th February, 2008. : 28th February, 2008. P.C.: P.C.: P.C.: 1. Rule. Advocate for the respondent waives service. By the impugned judgment and decree, injunction has been granted in favour of the respondent. It is an admitted position that during the pendency of the suit filed by the respondent and during the pendency of the appeal in District Court, there was a temporary injunction granted in terms of decree passed by the Appellate Court. Therefore, prayer (a) for stay cannot be granted. In so far as prayer a-1 is concerned, grant of said prayer will amount to granting final relief in the Second Appeal. Hence, no case is made out for grant of interim relief. Application is rejected. Judge. Judge. Judge.