1 73-3438-06.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO.3438 OF 2006 WITH CIVIL APPLICATION NO.2666 OF 2010 IN FIRST APPEAL NO.1456 OF 2007 Ms. Seeta H. Shashital & Ors., .. Applicants. V/s. Shri Kisanchand B. Dandwani & Ors., .. Respondents Shri M.M.Sathaye, for Applicants. Shri P.M.Arjunwadkar, for Respondent No.1. CORAM:- B.R.GAVAI, J. DATED:- 3rd SEPTEMBER, 2010. P.C. 1 Heard learned counsel for the parties. 2 Shri Arjunwadkar, learned counsel for the Respondent No.1 raises the preliminary objection that decree impugned in the Appeal is dated 20.09.2005. Applicant has not taken any steps for the period of five years to get the same stayed and as such the application is liable to be rejected. 1 73-3438-06.sxw 3 Shri Sathaye, learned counsel for the Applicants on the contrary submits that no execution proceedings were taken by the Applicant and the execution proceedings were initiated in the month of April, 2010. 4 From the notice of the execution proceedings, it is clear that the execution proceedings are initiated only in April, 2010 as such I am not inclined to accept the preliminary objection raised by the Applicant. 5 If the decree is executed in terms of prayer clause (c) of the order, the Appeal itself would become infractuous. In any event, the interest of non-applicant is fairly protected inasmuch as the present appellants are permanently restrained from leading the suit in any manner. 6 In view of above, I am inclined to allow this application. During pendency of Appeal, there shall be stay to the judgment and decree in so far clause (3) of the order is concerned. 7 Hearing of the Appeal is expedited. 8 Civil Application disposed of. (B.R.GAVAI,J.) 1 73-3438-06.sxw