1 11-cas-13-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO. 13 OF 2011 IN SECOND APPEAL NO.80 OF 2011 Sou. Balabai M. Patil .. Applicant. V/s. Shri Pandurang K. Patil & Another .. Respondents. Mr. Anand S. Patil, for the Applicant. None for Respondents. CORAM : G.S.GODBOLE, J. DATE : 30th AUGUST, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 Suit for partition filed by the Applicant has been decreed by Trial Court, the Appeal filed by Defendant No.1 is partly allowed and the decree for partition is modified. Under this circumstances, there can be no stay of execution of the decree passed by the Appellate Court, since, that would amount to reviving the decree passed by the Trial Court and setting aside the order passed in the First Appeal at an interlocutory stage. 2 11-cas-13-2011.sxw 3 Since the decree is for partition and separate possession, the interests of the parties can be protected by passing the following order:- (i) There will be no stay of the impugned Judgment and Decree. Partition proceedings may go on and after the Collector or the delegate of the Collector prepares the list for partition, depending upon the partition suggested, the Applicant will be at liberty to file an application for being put in possession of said portion of the land as may be allotted to them, subject to and without prejudice to right to prosecute the Second Appeal. (ii) As stated above, at present the partition proceedings can go on but the actual possession shall not be handed over. 4 The learned Advocate for the Applicant apprehends that the property may be alienated. It is directed that any alienation will be subject to the result of the Second Appeal. However, despite this, the Applicant will be at liberty to file a separate application for injunction or for other interim relief by making out grounds for grant of such relief. 5 Civil Application is disposed off in the aforesaid terms and aforesaid liberty, with no order as to costs. (G.S.GODBOLE, J.)