1 caf118 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.118 OF 2011 IN FIRST APPEAL NO.1494 OF 2006 Dustan Philip Dias ...Applicant vs. Febian Philip Dias & Anr. ...Respondents Mr.A.J.Almeida for the applicant Mr.Girishkumar Pandya for the respondents CORAM : A.S.OKA,J. DATE : FEBRUARY 25,2011 P.C.: 1 The learned counsel for the applicant stats that the appeal itself is not maintainable. He has placed reliance on various decisions of the Apex Court. The appeal has been admitted after hearing the Advocate for the applicant. Interim relief was granted after hearing the Advocate for the applicant. Therefore, the issue of maintainability of the appeal cannot gone into at this stage and the same will have to be considered at the time of final hearing of the appeal. 2 Perusal of the averments made in the application shows that except for allegation of alleged act of intimadation by the respondents in October 2010, no case is made out for change in circumstances requiring modification of the earlier interim order. Hence, the application is rejected. 3 Issue of maintainability of the appeal is kept open. JUDGE