3cas860-09.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 860 OF 2009 IN SECOND APPEAL NO. 428 OF 2010 Shri Sajan Hari Gaikwad ....Applicant. Vs. Nivrutti Ganpat Page & Ors. ....Respondents. --- Mr. Sagar Kasar for the Applicant. Mr. Girish Agrawal for the Respondents. --- CORAM:- G.S. GODBOLE, J. DATED :- 10TH OCTOBER, 2011. P.C. : 1 By a separate order passed today, I have admitted the Second Appeal. It is not in dispute that the Respondents have already executed the Decree passed in RCS No. 108/2001 and possession has been taken. Consequently, the prayer for stay cannot be granted and the same is rejected. Hence, the Civil Application is dismissed. 2 This order, however, will not preclude the Applicant/Appellant to file proper Application for protecting the property and if such an Application is filed the same would be considered on its own merits. [G. S. GODBOLE, J.]