1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1498 OF 2010 IN FIRST APPEAL (st.) NO. 9573 OF 2010 General Khenaji Purohit since deceased through L.rs. 1a) Smt. Pyaridevi General Purohit & ors..... Applicants Vs. Rupchand Mulchand Rawal Purohit & ors.... Respondents Mr. N.D. Patil i/b Uday Warunjikar Adv. for the applicants Mr. S.V. Sadavarte Adv. for the respondent. CORAM : R.G. KETKAR, J. DATE : 30th July, 2010. P.C. : 1. Leave to amend so as to incorporate prayer for condonation of delay. Amendment to be carried out forthwith. 2. Heard Mr. Patil, learned counsel for the applicant and Mr. Sadarvate, learned counsel for the respondent. 3. This is an application for bringing on record the heirs and legal representatives of the applicant Genaram Khenaji Purohit on record. The applicant has also prayed for stay of the execution and 2 implementation of the impugned judgment and decree dated 5-7-2008 passed by the learned 12th Civil Judge Senior Division at Pune in Special Civil Suit No. 398/2003. The learned counsel for the applicant states that the applicant is not pressing prayer clause (b) for stay as the applicant has made separate application being C.A. st. no. 9694/2010. He also states that after passing of this decree on 5th July, 2008 the applicant no.1 died on 3-4-2009 and the present appeal has filed in November 2009. In view of this, C.A. is allowed in terms of prayer clause (a) of the amended prayer. In so far as prayer clause (b) is concerned, the applicant has filed separate application. In view of this permission to delete prayer clause (b) is granted. C.A. Stamp no. 9694/10 shall be considered as and when the applicant applies for stay. Mr. Sadavarte submits that the decree holder has already filed execution proceedings. Pendency of this First Appeal will not come in the way of executing court in proceeding with the Darkhast proceeding in view of Order 41 Rule 5 of the Civil Procedure Code, 1908. [R.G. KETKAR, J.]