1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER STAMP NO.2008 OF 2009 WITH CIVIL APPLICATION STAMP NO.2011 OF 2009 Shri Dnyanoba Maruti Gavane & ors. : Appellants versus Shri Prakashkumar Chandulal Nahar & ors. : Respondents. Shri. P G Chavan for the Appellants. Shri Jaydeep Deo for the Respondents. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 12, 2009 P.C. 1. Not on board. Mentioned. Taken on board. 2. By this Appeal, the original Defendant Nos. 1 to 6 take exception to the order dated 21st August 2008 passed on Exhibit-8 by which order the trial Court i.e the learned Civil Judge, Senior Division, Pune has issued a show cause notice to the said Defendant Nos.1 to 2 6 asking them to show cause as to why they should not furnish security for the sum of Rs.50,00,000/- within a period of two months from the date of that order, failing which an appropriate order for attachment may be passed under Order 38 Rule 6 of the Code of Civil Procedure in respect of the property i.e house bearing No.l87/84 and property admeasuring 59 R situated in Survey No.653/1/1 at village Bibvewadi, Taluka Haveli, Pune City, District Pune. 3. The learned counsel for the Appellants and the learned counsel for the Respondent Nos.1 to 4 i.e the original Plaintiffs made various submissions in respect of the said order. However, there is no need to deal with the said submissions at this stage as, the Appellants have filed the above Appeal against the said show cause notice issued on Application Exhibit 8 filed under Order 38 of the CPC. Since the Appellants i.e Defendant Nos. 1 to 6 would be entitled to raise such contentions as are permissible in law at the hearing of the said Application Exhibit-8, the above Appeal need not be entertained. 3 4. The above Appeal from Order is, accordingly disposed of. 5. In view of the disposal of the above Appeal from Order, the Civil Application St. No.2011 of 2009 does not survive and the same to stand disposed of. [R.M.SAVANT, J]