: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2646 OF 2004 IN FIRST APPEAL NO.704 OF 2004 ------------------------------------------------------------------ Office Notes, Office Memoranda Court’s or Judge’s Orders of Coram, appearances, Court’s Orders or directions and Registrar’s Orders ------------------------------------------------------------------ CORAM : P.V.KAKADE,J. DATE : 15TH OCTOBER, 2004 P.C.: 1. Heard both sides. 2. Advocate for the opponent submits that out of five properties mentioned in the application he resides in Property Survey No.315 and 316 and he wants to use those properties to raise loan. Therefore, in view of the facts and circumstance the application is made absolute in : 2 : terms of prayer (a). It is clarified that this order shall not come in the way of the opponent in raising loan on his property being survey Nos.315 and 316 subject to charge of the applicant over the said property. The matter to be fixed for hearing on 2nd December, 2004. In the meantime notice to Respondent No.1 be issued in Cross Appeal St.No.20103 of 2004 Certified copy expedited.