IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.959 OF 2006 IN APPEAL FROM ORDER NO.714 OF 2006 Mr. Mohammad Hussain Mujawar & Ors. ..Applicants versus Adam Ibrahim Mujawar & Ors. .. Respondents ... Mr. D.M. Gupte for applicants. Mr. V.B. Rajure i/b. Tejpal S. Ingale for respondents no.1 & 2 CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED :5th October, 2006. DATED :5th October, 2006. DATED :5th October, 2006. P.C:- P.C:- P.C:- 1. Heard counsel for the parties. 2. The impugned order is an order of remand. In the facts and circumstances of case I do not think appropriate to stay the order of remand and stay the proceedings before the trial court. The appellant can be sufficiently protected by directing that the final order passed by the trial court shall not be executed until the decision of the appeal by this Court. Hence I pass the following order:- O R D E R Civil application is rejected, however the order passed by the trial court shall be always subject to the decision of appeal by this Court and shall not be executed until the decision of the appeal. ( D.G. KARNIK, J.)