IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 129 OF 2009 IN SECOND APPEAL NO. 8 OF 2007 SOCIEDADE VERLEKAR THROUGH ITS ADMINISTRATOR ASHOK ROULU VERLEKAR ... Applicant Versus VAYSHALI JOTENDRA SARMALKAR AND 6 ORS., ... Respondents Mr. Guru Shirodkar, Advocate for the applicant. Ms. A. A. Agni,advocate For Respondent nos. 2 And 3 Coram:- A. P. LAVANDE, J. Date:- 2nd August, 2011 P.C: Heard Mr. Shirodkar, learned counsel for the applicant and Mrs. Agni, learned counsel for the respondent nos 2 and 3. By this application, the applicant is seeking relief in terms of Order 38, Rule 5 of C.P.C. Mrs. Agni placing reliance on the judgment of the Apex Court in the case of Sardar G. Mahadik and anr. Vs. Devi Sahai and ors., AIR 1982 SC 989, submits that such an application is not maintainable in Second Appeal. I find merit in the submission of Mrs. Agni, more particularly having regard to the fact that no such application was not filed during the pendency of the suit. Hence, the application is dismissed. A. P. LAVANDE, J. ap/-