(1) CA. 8342.2004 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8342 OF 2004 IN SECOND APPEAL NO. 1163 OF 2004 Atmaram S/o Gangaram Badgujar and anr. .. Applicants VERSUS Nimbabai Uttam Badgujar and ors. .. Respondents Mr. P.P. Chavan, Advocate for the Applicants ... CORAM : K.U. CHANDIWAL, J. DATED : 22ND APRIL, 2010 P.C.:- 1] Heard Mr. Chavan extensively. The concurrent findings recorded against the defendants are questioned in the second appeal. This Court on 23.10.2008 admitted the Appeal on formulating following question to be substantial question of law:- "(i) Is it not that the first appellate Court landed into an error in interpreting Sec. 14(1) of the Hindu Succession Act, 1956 in holding that though the property was given to Jamunabai by her husband for her maintenance, yet the provisions of Sec.14(2) would apply? 2] The controversy in relation to mesne profits is in offing. Though the Appeal is admitted, I do not see any reason to grant stay to the execution of order under challenge and particularly in relation to (2) CA. 8342.2004 the payment of mesne profits. No such eventuality is surfaced. At the most the Appeal can be expedited as it is pending since 2004. 3] The present Application seeking stay is dismissed. The Appeal is expedited. Private paper- book by the appellant to be done upto 24.06.2010. Thereafter, the Appeal will be heard in the month of July, 2010. Sd/- (K.U. CHANDIWAL, J.) arp