1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7621 OF 2009 IN FIRST APPEAL NO.1704 OF 2009 Netaji s/o Vithal Mali (Gore) Applicant Versus Vithal s/o Bhagwan Mali (Gore) & another Respondents Mr.Dhananjay Deshpande, advocate for the applicant. Mr.M.B.Kolse, advocate for Respondents No.1 & 2. CORAM: R.M.BORDE, J. DATE : 25 th September, 2009. P.C.: 1 Original plaintiff has presented instant application seeking stay to the refusal by trial Court to grant part of the decree as claimed by him. 2 Suit presented by plaintiff came to be decreed partly. The part of the decree, which has not been granted in favour of the plaintiff, would be a matter of consideration at the time of final disposal of appeal. It is also not case of the plaintiff that any interim order was operating in his favour during continuance of the appeal. 2 In this view of the matter, application cannot be considered for the first time for granting larger relief than that has been granted by the trial Court while disposing of the suit. Application is without substance. 3 Civil Application, therefore, stands rejected. (R.M.BORDE) JUDGE ******* adb/ca762109