- 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 SECOND SECOND SECOND APPEAL APPEAL APPEAL NO.331 OF 2000 NO.331 OF 2000 NO.331 OF 2000 Popatlal Botharam Vaidya ...Appellant Vs. Smt.Parubai Namdeo Phadatare (since deceased through heirs) ...Respondent Mr.S.N.Chandrachud for the Appellant Mr.B.D.Joshi and Ms P.N.Diwan for the Respondent. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : FEBRUARY 17, 2005. : FEBRUARY 17, 2005. : FEBRUARY 17, 2005. P.C.: P.C.: P.C.: 1. Shri Chandrachud for the Appellant submitted that in view of Section 26 A(b) of Chapter IV A-1 of the Provincial Small Causes Court Act,1887 is applicable to the State of Maharashtra, Second Appeal is not maintainable. He therefore seeks permission to withdraw this Second Appeal with liberty to file appropriate proceedings for challenging the impugned Judgment and Decree. 2. Accordingly, Second Appeal is dismissed as withdrawn with liberty as prayed. To enable the Appellant to file appropriate proceeding the decree for possession shall not be executed for a period of four weeks from today, if not executed till today. 3. Parties to act upon an authenticated copy of this order. JUDGE. JUDGE. JUDGE.