1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3653 OF 2009 IN FIRST APPEAL NO.562 OF 2006 Balkrishana Shankarsa Kshatriya .....Applicant V/s. Brady Morris Engineering Co. Ltd. ..... Respondent Mr.P.N.Joshi, for the applicant. Mr.S.M.Gorwadkar, for the respondent. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : SEPTEMBER 11, 2009 P.C. 1. This is an application preferred by the applicant for stay of the execution proceedings. In our view, execution proceedings are not required to be stayed, as the learned counsel for the applicant submitted that it is filed only for recovering cost. However, withdrawal of the amount towards cost in execution proceedings shall be subject to the final outcome of the First Appeal. We therefore, do not find any substance in the Civil application. The Trial Court may proceed with the execution proceedings in accordance with law. The civil application is dismissed with no order as to costs. ( R.V.MORE, J. ) (P.B.MAJMUDAR, J.)