1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.7051 OF 2008 Chandrakant Sopan Gaikwad ...Petitioner vs. Prayagbai w/o Tatyarao Gaikwad & Ors. ...Respondents Shri G.S.Godbole i/b Mr.Vivek Salunke for the petitioner Mr.Uday Warunjikar for Respondent no.1A Shri S.P.Kadam with Mr.Abhijit Deshmukh for respondent Nos.3(A) to 3(P), (a,b), 5 to 12, 14 to 18, 20 to 23. Mr.P.D.Dalvi for respondent no.2 CORAM :A.S.OKA,J. DATE : AUGUST 28, 2009 P.C. 1 Heard the learned counsel for the parties. There is a decree for partition passed in the suit filed by the first respondent. The partition of an undivided estate assessed to payment of revenue to the Government has to be effected in accordance with section 54 of the Code of Civil Procedure,1908. Accordingly, the matter was referred to the Revenue Authorities. An application was made by the second respondent (Judgment Debtor No.7) being Misc. Civil Application no.16 of 2008 claiming various reliefs and raising objection to the decree. By the impugned order passed on interim application made by the second respondent, pending the final disposal of the said application no.16 of 2008, the executing court has directed the Revenue Authorities to proceed with the process of partition. However, the learned Court by the 2 impugned order directed that the proceeding relating to the land bearing Survey no.94/8 Gat No.85 admeasuring 2 acres and 8 gunthas will remain stayed till the first respondent in the said application appears and files a reply. Thus, by the said order which appears to be an ad-interim order, the learned Judge directed the Tahsildar to proceed with the partition of the remaining land. 2 As stated earlier, the said order is an ad-interim order which states that the partition proceedings relating to one piece of land will remain stayed till the first respondent in the application appears and files his say. The decree which is under execution has been passed in the suit of the year 1969. While effecting partition by metes and bounds, equities are required to be adjusted and therefore, partition cannot be effected by excluding one of the properties which is subject matter of the decree for partition. Interests of justice will be served if M.A.No.16 of 2008 is directed to be disposed of in a time bound schedule. Till the disposal of the application, ad-interim relief granted by this court have to be continued. 3 Hence, I pass the following order : i) Impugned order is quashed and set aside. The trial 3 court is directed to decide the Misc.application no. 16 of 2008 as expeditiously as possible and in any event on or before 30 th November 2009. Till the disposal of the said application, ad-interim relief granted by this court on 16 th October 2008 will continue to operate. ii)All contentions of the parties on merits in the pending application are kept open. JUDGE