1 cas984 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.984 OF 2006 IN SECOND APPEAL NO.12 OF 2008 Parvatibai Madhav Shah (since deceased through L.Rs) ...Applicants vs. Vitthaldas Morudas Shah & Ors. ...Respondents Mr.P.B.Shah for the applicants Mr.D.M.Gupta for the respondent no.1 CORAM : A.S.OKA,J. DATE : NOVEMBER 14, 2011 P.C.: 1 Heard the learned counsel for the applicants and the learned counsel for the first respondent. Perused the order dated 21 st April 2008. The grievance in the appeal is confined only to that part of the decree which deals with shares in the machinery of the floor mills. Accordingly, substantial question of law framed in the Second Appeal reads thus: . Whether the machinery in the mill was self acquired property of the original second defendant ? 2 As far as mesne profit is concerned, the adjudication has been made by the Trial Court which has been already subjected to challenge in this Court by the applicants by preferring a First 2 cas984 Appeal. Appropriate relief of stay of execution of the said order will have to be sought in the First Appeal. To enable the applicants to do so, a reasonable time deserves to be granted to the applicant. 3 Hence,I pass the following order : i) Application for stay is rejected with liberty to the applicants to apply for stay of execution and operation of the Judgment and Order dated 16 th September 2005 in the pending First Appeal. ii)To enable the applicants to do so, execution and operation of the said order will remain stayed for a period of three weeks from today. iii)All contentions of the parties on merits are kept open. iv)It is made clear that the stay will apply only to the order regarding mesne profits in respect of the floor mill and rice mill. v) It is made clear that execution as regards decree for payment of Rs.5,000/- shall be subject to final outcome of the Second Appeal. JUDGE