1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICAITON NO.1746 OF 2007 IN SECOND APPEAL NO.11 OF 2006 Shri Kakasaheb M. Dhembre & Anr. ..Applicants. V/s. Shri Shivaji B. Deshmukh & Ors. ..Respondents. Mr.M.A.Utagikar for Applicants. Mr.Sachin Gite for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 29, 2008. DATE : AUGUST 29, 2008. DATE : AUGUST 29, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. By this Application, the Respondent in the Second Appeal has applied for modifying the Order dated 19th January, 2006 whereby the operation of the impugned Judgment and Decree has been stayed while admitting the Second Appeal. In the said Order dated 19th January, 2006, substantial questions of law formulated are in the context of the approach adopted by the Courts below in deciding the controversy with regard to the grant of injunction against the Appellants/Defendant. That is the basis on which Second Appeal has been admitted. 2 3. What is relevant for our purpose is to note that the Order of stay has been passed on 19th June, 2006 after hearing both the sides. Significantly, the Applicants filed Civil Application No.1004 of 2006 for similar relief in different form. However, that Application came to be rejected on 19th July, 2006. Now, the Applicants have once again approached this Court by way of present Application in the guise of seeking modification of the Order dated 19th June, 2006. 4. In my opinion, no case for review of the Order dated 19th June, 2006 is made out. Hence Application is rejected. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)