IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 316 OF 2008 Subhas Ramchandra Mohite...... ...... ...... Appellant V/s Dr.Shrikant Anant Kulkarni...... ...... ...... Respondent Mr.M.L.Patil, Adv. For the appellant. Ms.Shubhadha Khot, Adv. For respondent. CORAM: R.V. MORE, J. 8th DECEMBER, 2008. PC: Heard learned advocates for respective parties. Admit on following substantial question of law: 1) Whether the impugned judgment and order dated 20.7.05 passed by the Lower Appellate Court is vitiated and illegal on account of the fact that the trial court had passed a decree jointly against all the defendants and the said decree was not challenged by the defendant No.1 nor the defendant No.1 or her heirs were party appellants in the appeal or even as respondents and the decree of the lower appellate court was contrary to and conflicting with the decree of the trial court as the decree against the defendant No.1 stood confirmed? Printing of paper book dispensed with. Private paper books be filed within a period of eight weeks from today. Liberty to apply. 8.12.08 (R.V. MORE, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1739 OF 2006 IN SECOND APPEAL NO. 316 OF 2008 Subhas Ramchandra Mohite...... ...... ...... Appellant V/s Dr.Shrikant Anant Kulkarni...... ...... ...... Respondent Mr.M.L.Patil, Adv. For the appellant. Ms.Shubhadha Khot, Adv. For respondent. CORAM: R.V. MORE, J. 8th DECEMBER, 2008. PC: Heard learned advocates for respective parties. After decision of the trial Court and pending appeal before the lower appellate court the respondent deposited decretal amount in the lower appellate court which amount was withdrawn by the present appellant. Lower appellate court however reversed the finding of the trial Court. Respondent therefore also preferred an application for repayment of the said amount. Since the aforesaid second appeal is admitted on substantial question of law there shall be interim relief in terms of prayer clause (a) of the civil application. Civil application stands disposed of. 8.12.08 (R.V. MORE, J.)