-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 FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.1817 OF 2004 APPLICATION NO.1817 OF 2004 APPLICATION NO.1817 OF 2004 IN IN IN SECOND SECOND SECOND APPEAL NO.1358 OF 2004 APPEAL NO.1358 OF 2004 APPEAL NO.1358 OF 2004 Baswanappa Malkappa Nagathane & anr. ...Applicants vs. Malleshappa Gurunigappa Nilagar (since deceased through legal heirs) ...Respondents Mr.Pallvi i/b Mr.G.S.Godbole for the Applicants CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 8,2008. : JANUARY 8,2008. : JANUARY 8,2008. P.C.: P.C.: P.C.: 1. Office noting shows that the Respondent Nos.2 to 9 are duly served with the notice. Office noting also shows that the first Respondent is dead and the legal representatives of the first respondent are already on record. 2. Second Appeal has been admitted for final hearing. In the circumstances, there will have to be stay to the execution and operation of the clause (b) of the operative part of the decree passed by the Appellate Court. 3. Accordingly, it is directed that till the final disposal of the Second Appeal, clause (b) of the operative part of the decree of the Appellate Court will remain stayed subject to condition that the Applicants will not create any third party interests in respect of the suit property. There will be no order as to costs. -2- JUDGE JUDGE JUDGE