1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.7 OF 2010 IN SECOND APPEAL NO. 718 OF 2003 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mrs Seema Sarnaik, for the applicants. Mr Kishor S Patil, for Mr R.N.Joshi, for the respondents. CORAM : D.B.BHOSALE,J. DATE : 11/10/2010. PC: Heard learned counsel for the parties. By this civil application, the applicants have prayed for injunction restraining the respondents from using any portion of the land as right of way. Learned counsel for the applicants submits that the respondents have already taken out the execution proceedings and the executing authority is likely to execute the order and provide right of way to the respondents. It appears that at the time of admission of T 2 this appeal, the prayer for stay of the impugned judgment and decree was refused. In view thereof, learned counsel for the applicants submits that the applicants would be satisfied if it is made clear that the execution would be subject to outcome of the Second Appeal. In my opinion, it is always so. Hence, this civil application is disposed of by the following observation. If the Judgment and decree is executed, the said execution would be subject to outcome of the Second Appeal. Other prayers are refused at this stage. (D.B.BHOSALE,J.)