IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO.1067 OF 2003 APPLICATION NO.1067 OF 2003 APPLICATION NO.1067 OF 2003 IN IN IN SECOND SECOND SECOND APPEAL NO.728 OF 2003 APPEAL NO.728 OF 2003 APPEAL NO.728 OF 2003 ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri Vasant Shelke for the Applicant. Shri V.B.Deshmukh for Shri A.V.Anturkar for the Respondents Nos.1 to 5. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 18th August, 2004. : 18th August, 2004. : 18th August, 2004. P.C.: P.C.: P.C.: 1. Rule. The Respondents waives service. Taken up for hearing forthwith. 2. The Second Appeal has been admitted for final hearing. The prayer in the Civil Application is for stay of execution and operation of the decree passed by the Appellate Court. The said prayer deserves to be granted. Hence the Civil Application is allowed in terms of prayer clause (a) with no order as to costs. Judge. Judge. Judge.