1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.3137 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The petitioners are aggrieved by dismissal of the application for interim stay as prayed for vide Exh..5 in Civil Appeal No.7/2008. 3. The petitioners filed Civil Appeal No. 7/2008 against dismissal of their suit bearing RCS No.52/1992. It is important to mention here that the suit RCS No.52/92 filed by them was for perpetual injunction. Once the suit for perpetual injunction came to be dismissed, there was no question of granting stay to such a decree. For, there was no executable decree as such which could be stayed. The stay application in such a matter is outside the parameters of legal frame work, particularly, as provided U/o XLI Rule 5 of the C.P.C. For this short reason, the impugned order needs no interference. Dismissed. (V.R.KINGAONKAR,J.) Dt.08.07.2009. asp/office/wp3137.08