1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 66 OF 2011 IN FIRST APPEAL NO.750 OF 2010 ( Sau. Nilima w/o Dharmendra Patil and another ..vs.. Hukumchand s/o Panmal Daga and others ) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Shri R.L. Khapre, Advocate for the applicants/appellants, Shri N.R. Saboo, Advocate for respondent No.1. CORAM:- A.B.CHAUDHARI, J. DATED :- 08-03-2011 This application for vacation of stay has been filed by respondent No.1. Learned Counsel for the appellants submits that the stay order was confirmed by this Court on 22/10/2010. Since the contesting respondent No.1 did not appear when the order was made, now he cannot make a grievance that he was not heard. Per contra, Shri Saboo, learned Counsel for respondent No.1 argued that on the day on which the stay order was confirmed, respondent No.1 was on way to Nagpur to instruct his Counsel. In these circumstances, I do not think that this Court 2 would not be able to vary the said order dated 22/10/2010. It is not in dispute that the decree in question is a money decree joint and several. After hearing Shri Khapre, learned Counsel for the appellants, it appears that by virtue of Sections 4 of the Hindu Succession (Amendment) Act, 2005 (No.39 of 2005), the pious obligation will not be required to be performed by a daughter. The appellants herein are the daughters. In view of this, I am inclined to modify the order dated 22/10/2010 as under :- ORDER i) Interim order dated 22/10/2010 is modified. ii) The decree shall not be executed against the shares of the appellants only. Civil Application is disposed of. R. & P. be sent back to the trial Court for execution of the decree. After disposal of the execution proceedings, R & P shall be sent back to this Court. JUDGE pma