IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 759 OF 2004 CIVIL APPLICATION NO. 759 OF 2004 CIVIL APPLICATION NO. 759 OF 2004 IN IN IN SECOND APPEAL NO. 641 OF 2004 SECOND APPEAL NO. 641 OF 2004 SECOND APPEAL NO. 641 OF 2004 ----------------------------------------------------------------------------- Office Notes, Office Memoranda of of Coram, appearances, Court’s orders and Registrar’s orders : Court’s or Judge’s orders ---------------------------------------------------------------------------- CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. DATED: 15TH JULY, 2005 DATED: 15TH JULY, 2005 DATED: 15TH JULY, 2005 P.C.: P.C.: P.C.: 1. Heard advocate for the applicant. None present for the respondent though served. The appeal is already admitted. In view of the facts and circumstances, the application is made absolute in terms of prayer clauses (a) & (b). However, it is made clear that process of execution proceeding may proceed but actual possession shall not be handed over to the respective sharers pending the appeal. With these directions, the application stands disposed of with no order as to costs. .....