1 66-cas-322-2005.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.322 OF 2005 IN SECOND APPEAL NO.104 OF 2010 Bapu J. Chavan & Others .. Applicants V/s. Ganpati S. Kanse (since deceased) through his Legal Heirs & Others .. Respondents. None for the Appellants. Mr. Rahul Kate, for Respondent Nos. 1A, 1B, 1C, 1D, 1F to 1I, 2A, 2B, 2D to 2F. CORAM : G.S.GODBOLE, J. DATE : 16th AUGUST, 2011. P.C.: 1 None for the Appellants. Mr. Rahul Kate, for Respondents. 2 By separate order passed today, Second Appeal is admitted. The suit filed by the Appellants for Specific Performance has been partly decreed by the Trial Court and the decree has been confirmed in the 2 66-cas-322-2005.sxw Appeal. Thus, there is no executable decree in favour of the Respondents so as to consider prayer clause(a). Prayer clause (b) is for stay. Prayer clause (a) seeks reliefs, which, if granted, would amount to allowing the Appeal at the interlocutory stage. Prayer clause (b) cannot be granted since there is no executable decree in favour of the Respondents. Hence, there is no merit in the said Civil Application and the same is rejected. (G.S.GODBOLE, J.)