: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.728 OF 2006 CIVIL APPLICATION NO.728 OF 2006 CIVIL APPLICATION NO.728 OF 2006 IN IN IN SECOND APPEAL NO.487 OF 2006 SECOND APPEAL NO.487 OF 2006 SECOND APPEAL NO.487 OF 2006 Sopan Maruti Khare, Deceased, . Thru’ Kisan Sopan Khare & Ors. ...Applicants V/s. Shankar Krishana Shinde & Anr. ...Respondents Mr.Avinash Tatangare, Advocate, for the Applicants. Mr.S.S. Shah, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 6TH FEBRUARY, 2008. DATE : 6TH FEBRUARY, 2008. DATE : 6TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the applicants and Advocate for the respondents. 2. Prayer in this Application is for stay of operation and execution of the Decree passed by the Appellate Court. 3. By the impugned Judgment and Decree passed by the Appellate Court, the Suit filed by the applicants has been dismissed. Therefore, there is no question of staying the Decree of dismissal of the Suit. Hence Prayer made in this Application cannot be granted. : 2 : Application is rejected. 4. However, rejection of this Application will not preclude the applicants from filing a fresh Application for seeking appropriate reliefs. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]