IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO.806 OF 2002 APPLICATION NO.806 OF 2002 APPLICATION NO.806 OF 2002 IN IN IN FIRST FIRST FIRST APPEAL NO. 155 OF 2002 APPEAL NO. 155 OF 2002 APPEAL NO. 155 OF 2002 ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri K.S.Patil for the Applicant. Shri M.C.Mohulkar for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 1st Sept., 2004. : 1st Sept., 2004. : 1st Sept., 2004. P.C.: P.C.: P.C.: 1. Rule. The Respondent waives service. 2. Prayer (b) of the Civil Application is for stay of the execution of the impugned Judgment and Decree. By the impugned Judgment and Decree, the suit filed by the Appellant has been dismissed. Hence there is no question of staying the decree of dismissal. 3. So far as prayer clause (c) is concerned, the learned Counsel for the Respondent on instructions stated that there is no intention on the part of the Respondent of creating any third party interest. The said statement is accepted. In view this statement, it is not necessary to grant relief in terms of prayer clause (c). Civil Application is disposed of with no order as to costs. Judge. Judge. Judge.