-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.374 OF 2007 APPLICATION NO.374 OF 2007 APPLICATION NO.374 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.378 OF 2007 APPEAL NO.378 OF 2007 APPEAL NO.378 OF 2007 Rajendra Narayanrao Kalyani ..Applicant V/s. Riaz Ahmed Ismail Syed ..Respondent None for the Applicant Mr. Neel Pungaliya h/f Mohan Pungaliya for Respondent CORAM CORAM CORAM : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. DATE DATE DATE : 27TH JUNE, 2008 : 27TH JUNE, 2008 : 27TH JUNE, 2008 P.C. : . This is an application for stay of Judgment and Decree passed in Civil Appeal No.118 of 2005 confirming the Judgment and Decree passed by 6th Additional Small Causes Judge and Civil Judge Senior Judge, Senior Division, Pune in Spl. C.S.No.745/95. The learned counsel appearing for the respondent makes a statement that as there was no stay, decree was already executed. 2. In view of this, nothing survives in this application. The point of refund of amount in case of order in favour of appellant with interest is kept open. The Civil Application is disposed of, accordingly. (ANOOP (ANOOP (ANOOP V. MOHTA,J.) V. MOHTA,J.) V. MOHTA,J.)