mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 916 of 2007 IN SECOND APPEAL NO.967 OF 2006 Gojabai Shripati Kandekar .. Appellant versus Shankar Namdeo Sawant & ors. .. Respondents ... Mr.A.Y. Sakhare for the applicant. Mr.Anilkumar Patil for the respondent. CORAM : D.G. KARNIK, J DATED : 5th December 2008 P.C.: 1. Heard. 2. This application is filed by the applicant for stay of the execution of the decree passed in Civil Suit no.37 of 104 and stay of Darkhast No.57 of 1992. 3. By an order dated 4th September 2007, this Court has stayed the execution of the decree to the extent of delivery of possession. 4. Since the respondent was heard before the order dated 4th September 2007 was passed by this court and the court has granted the order of stay of possession, that order cannot be modified. The order dated 4th September 2007 is neither an ad-interim order nor an order passed without hearing. In the circumstances, the order dated 4th September must be held to be the final order. 5. Civil Application no.916 of 2007 stands disposed of in terms of the order dated 4th September 2007. (D.G. KARNIK, J)