: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.718 OF 2005 IN SECOND APPEAL NO.135 OF 2004 ------------------------------------------------------------------ Office Notes, Office Memoranda Court’s or Judge’s Orders of Coram, appearances, Court’s Orders or directions and Registrar’s Orders ------------------------------------------------------------------ Mr.A.L.Patki for applicant None for respondent CORAM : P.V.KAKADE, J. DATE : 16TH SEPTEMBER, 2005 P.C.: 1. Heard the learned advocate for the applicant. None appears for the respondent though duly served. This application is filed by the appellant-applicant for Stay of the Order of the lower appellate court by which the order of the lower court was confirmed to the effect that appellants were directed to transfer the suit property in the name : 2 : of the plaintiff by executing the sale deed after obtaining the necessary permission from the competent authority and plaintiff was directed to pay the sale price of Rs.80,000/= to the defendant no.2 with expenses incurred for the sale deed. The decree was confirmed by the lower appellate court and hence the appeal came to be filed. Pending the appeal the appellants were protected by interim order. The appeal is admitted. 2. The record shows that the important substantial question of law is involved in this appeal in respect of the exercise of right of pre-emption in respect of the suit property. Under these circumstances, I am of the view that the decree needs to be Stayed pending the appeal. Hence the application is made absolute in terms of prayer clause (a) and stands disposed of with no order as to costs.