- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1690 OF 2004 APPLICATION NO.1690 OF 2004 APPLICATION NO.1690 OF 2004 IN IN IN SECOND SECOND SECOND APPEAL NO.1249 OF 2004 APPEAL NO.1249 OF 2004 APPEAL NO.1249 OF 2004 Ananda Pirappa Magdum ...Applicant vs. Appasaheb Nemu Patil & Anr. ...Respondents. Mr.T.S.Ingale for the Applicant Mr.Amit Borkar for Respondent Nos.1 and 2. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 29,2005. : APRIL 29,2005. : APRIL 29,2005. P.C.: P.C.: P.C.: . Not on board. 1. The Appellant has filed an Affidavit dated 20th April 2005 which is taken on record and marked ‘X’ for identification. The statement made in paragraph No.1 of the Affidavit is accepted. The undertaking contained in the paragraph No.2 of the Affidavit is accepted. In view of the Affidavit and undertaking, case is made out for grant of stay. Accordingly, Civil Application is allowed in terms of prayer clause (a). 2. In case any breach is committed by the Appellant of the undertakings which are accepted, it will be open for the Respondent to file application for modification of this order. 3. Parties to act upon authenticated copy of this order. JUDGE. JUDGE. JUDGE.