1 37-cas-938-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO.938 OF 2010 IN SECOND APPEAL NO.371 OF 2010 Smt. Subhadra S. Dubal & Others .. Applicants V/s. Smt. Tanubai R. Dubal & Others .. Respondents. Mr. K. B. Sonwalkar, for Applicants. None for Respondents. CORAM : G.S.GODBOLE, J. DATE : 16th SEPTEMBER, 2011. P.C.: 1 By separate order passed today in Second Appeal No.371 of 2010, I have admitted Second Appeal, restricted to the question whether the property at Sr. No. 8 was liable for partition or not. Considering this peculiar case and fact that vide prayer clause (b), the stay of execution of the decree passed by the Trial Court which is in fact merged in decree passed by the Appellate Court is prayed for; the learned Advocate for 2 37-cas-938-2010.sxw Applicants seeks leave to withdraw this Civil Application with liberty to file a fresh Civil Application seeking interim relief only in respect of the property at Serial No.8 which is the only property in respect of which the Second Appeal has been admitted. 2 Leave to withdraw this Civil Application with liberty as prayed for is granted. (G.S.GODBOLE, J.)