1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.109 OF 2010 IN SECOND APPEAL NO.77 OF 2007 Allabaksha Rahiman Fakir(deceased)..Applicants through Legal Heirs & ors V/s. Sou.Naseem Gulamhusain Bagwan ..Respondent Mr.Shrishail Sakhare, Advocate, for the applicants Smt.Shakuntala A. Mudbidri, Advocate, for the respondent CORAM : C. L. PANGARKAR, J. DATE : 22ND JANUARY, 2010 P.C. . This application has been moved for grant of stay of execution of the decree passed in Second Appeal No.77 of 2007 by this Court. It is not disputed that this decree in Second Appeal No.77 of 2007 is a decree for injunction against the present respondent. 2. The present respondent had filed a suit for the Specific Performance of Contract. 2 The said suit came to be decreed. The present respondent, therefore, preferred an Appeal against the said Judgment and Decree of the Trial Court. The Appellate Court allowed the Appeal and dismissed the Suit for the Specific Performance of Contract as well as for Refund. This Second Appeal has been preferred being Second Appeal No.77 of 2007. The Appeal has been admitted. 3. This application has been moved with a prayer that the execution proceedings No.121 of 1998 be stayed. The learned counsel for the respondent submits that this execution application No.121 of 1998 arises out of a decree passed in Civil Suit No.267 of 1984. The Suit was essentially for injunction restraining the appellants from interferring with the possession since the respondent was in possession under the Contract of Sale of the suit property. 3 4. The decree passed in that Civil Suit has been confirmed upto High Court. The respondent, therefore, certainly has a right to execute the decree at any time. 5. In the circumstances, this application for staying the decree which is passed in some other proceedings in this Appeal is misconceived and is liable to be rejected. No order as to costs. The above Civil Application stands disposed of. (C.L.PANGARKAR, J.)