1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2555 OF 2007 IN FIRST APPEAL NO.1717 OF 2007 Rajaram Carol & Ors. .....Applicants. V/s Sou. Shakuntala Yeshwant Dhole and Ors. .....Respondents. ----- Mr. R.G. Ketkar for applicants. Mr. V.S. Gokhale for Respondent No.1. Mr. S.U. Kamdar i/b S.B. Kotak & Co. for Respondent No.4. ----- ALONGWITH CIVIL APPLICATION NO. 3733 OF 2007 IN FIRST APPEAL NO.2273 OF 2007 Shantilal J. Parekh .....Applicant. V/s Sou. Shakuntala Yeshwant Dhole & Others. ..... Respondents. ----- Mr. S.U. Kamdar i/b S.B. Kotak & Co. for the applicant. Mr. U.S. Gokhale for Respondent No.1. ----- CORAM : D.K. DESHMUKH & 2 V.M. KANADE, JJ. DATE : 15 th January, 2008. P.C.: 1. Heard the learned Counsel on both sides. 2. According to the original plaintiff, the defendant Nos. 12 to 18 who are appellants in appeal No.1717 of 2007 and defendant No.20 who claims through defendant Nos. 12 to 18, have not purchased the entire land which was owned by original defendant Nos. 1 to 11 and in relation to which, they had entered into an agreement to sell with the plaintiff. The original plaintiff alongwith her affidavit dated 07/09/2007 has produced a Chart, showing the extent of the land which is purchased by the appellants in Appeal No.1717 of 2007 and Appeal No.2273 of 2007. According to the plaintiff, the execution of the decree which is impugned in appeals to the extent that it relates to the land in which defendant Nos. 12 to 20 claim interest, may be stayed. But, as the balance land is with original defendant Nos. 1 to 11 and as the defendant Nos. 1 to 11 have not filed any appeal challenging the decree, there is no justification for staying the execution of the decree in relation to the entire land. 3. We have heard the learned Counsel appearing for both sides. 4. In our opinion, the following order would meet the ends 3 of justice:- O R D E R (i) As and by way of interim order, the execution of the decree impugned in both the appeals is stayed to the extent that the appellants in both appeals claim interest in the land. (ii) Execution of the decree shall remain stayed in relation to the lands which are mentioned in the Chart at Annexure- A to the affidavit dated 07/09/2007 of Shakuntala Y. Dhole. (iii) The Trial Court shall, on an application made by the plaintiff, appoint a Surveyor from the City Survey Office to demarcate the land as per the Chart at Annexure- A referred to above. The execution of the decree shall remain stayed to the extent of the land that has been transferred by defendant Nos. 1 to 11 in favour of defendant Nos. 12 to 19 & 20 who are appellants in these two appeals. 4 (iv) The Surveyor shall be appointed by the Trial Court on the application of the plaintiff and at the expense of the plaintiff. (v) Parties shall be at liberty to approach the Court, in case, they face any difficulty. (vi) Both the Civil Applications are disposed of. (D.K. DESHMUKH, J.) (V.M. KANADE, J.) 5