: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.854 OF 2006 CIVIL APPLICATION NO.854 OF 2006 CIVIL APPLICATION NO.854 OF 2006 IN IN IN SECOND APPEAL NO.67 OF 2004 SECOND APPEAL NO.67 OF 2004 SECOND APPEAL NO.67 OF 2004 Govind Hari Pagar ...Applicant V/s. Ramchandra Hari Pagar & Ors. ...Respondents Mr.Tushar Sonawane, Advocate, h/f. M.M. Sathaye, for the Applicant. Mr.Hardas, Advocate, i/b. P.N. Joshi, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 6TH FEBRUARY, 2008. DATE : 6TH FEBRUARY, 2008. DATE : 6TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. 2. The Application is filed by the respondents in the Second Appeal. The Second Appeal arises out of a Suit filed for partition. 3. Any encumbrances created by any of the parties to the Second Appeal is naturally subject to final outcome of the Second Appeal. In the circumstances, the prayers made in this Application cannot be granted. : 2 : 4. Subject to what is observed above, Application is rejected. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]