CA 16780/10 in SA 228/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.16780/2010 IN SECOND APPEAL NO.228/2010 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | CORAM: S.V. GANGAPURWALA, J. Date: 09.12.2010 This is an application seeking stay to the finding on Issue No.3, so also injunction restraining the non-applicants from interfering in possession of the present applicants. As far as prayer clause (C) of the application is concerned, Shri S.V. Natu, the learned counsel for the applicants, states that he does not want to press the said relief. As far as the relief claimed in prayer clause (B) of the application is concerned, the same is limited to the extent of finding on Issue No.3. The trial Court has not granted any relief of injunction in favour of the original CA 16780/10 in SA 228/10 2 plaintiffs. As there was a cloud over the title of the present applicants, the applicants preferred an appeal before the District Court. The District Court dismissed the appeal. At the same time, no relief is granted in favour of the original plaintiffs by the appellate Court. Merely a finding is given on Issue No. 3, but what would be executable is the operative order and the decree that is passed by the Court. There is no decree of injunction passed against the present applicants. As there is no decree executable passed against the present applicants, there is no question of entertaining the present application even with regard to the prayer clause (B) as the finding on a particular issue can not be executed. In the result, civil application is disposed of. (S.V. Gangapurwala, J.) Dt/- 09.12.2010 ndk/c912104