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 FIRST FIRST FIRST APPEAL NO.17474 OF 2007 APPEAL NO.17474 OF 2007 APPEAL NO.17474 OF 2007 IN L.C. SUIT NO.5405 OF 2002 Praful Jayantilal Vadgama .... Appellant Vs. M/s D.A. Patel & Co. & Ors. .... Respondents Mr. Ranjit Shetty i/b P.D.S. Legal for Appellants CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 14TH DECEMBER, 2007 : 14TH DECEMBER, 2007 : 14TH DECEMBER, 2007 P.C. . For the reasons which are recorded in the First Appeal (Stamp) No. 17476 of 2007, the Appeal is not maintainable and is dismissed as such. It is clarified that the finding which is subject matter of challenge in this Appeal will not operate as res-judicata. ( A.S. OKA, J.) A.S. OKA, J.) A.S. OKA, J.)