1 907-cas-1088-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO.1088 OF 2011 IN SECOND APPEAL NO.444 OF 2011 Rajaram D. Mohite .. Applicant. V/s. Santaji B. Modak .. Respondent. Mr. V. P. Vaze i/b. City Legal, for the Applicant. None for Respondent. CORAM : G.S.GODBOLE, J. DATE : 16th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocate for the Applicant. 2 By this Civil Application, the following prayer is made:- “(a) pending the hearing and final disposal of this Appeal, the Hon'ble Court may be pleased to stay the impugned Judgment and Decree dated 26/04/2011; (b) for ad-interim relief in terms of prayer clause (a) above.” 2 907-cas-1088-2011.sxw 3 The Applicant is Original Plaintiff. Suit is dismissed and Civil Appeal filed by him is also dismissed. Hence, there is no question of stay of said decrees, since there is no executable decree. The Application is misconceived and the same is rejected. However, this will not preclude the Applicant from filing an appropriate application for injunction or other interim relief and if such application is filed, the same will be considered on its own merits. (G.S.GODBOLE, J.)