1 caf271 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.271 OF 2010 IN FIRST APPEAL NO.1380 OF 2010 Sanjay Shridhar Dhawan & Anr. ...Applicants vs. Sushil Shridhar Dhawan ...Respondent Mr.A.M.Saraogi for the applicants Mr.E.K.Sasidharan for the respondent CORAM : A.S.OKA,J. DATE : MARCH 23,2011 P.C.: 1 Heard learned counsel for the parties. By the impugned decree, the learned trial Judge had denied the relief of declaration and injunction prayed for by the first respondent-plaintiff. However, the learned trial Judge has passed a decree directing the appellants to remove partition. Declaration sought by the respondent was that the appellants have no right to occupy the portion of the suit premises. 2 As relief of declaration and injunction has been denied to the original plaintiff, the execution of the decree directing removal of partition will have to be stayed. 3 Accordingly, civil application is disposed of by directing that the execution and operation of that part of the impugned decree which directs the appellants to remove the partition will remain stayed till the final disposal of the appeal. 2 caf271 4 The learned counsel for the respondents-original plaintiffs makes a grievance that an affidavit which is not on record of the suit has been incorporated in the appeal compilation. It is obvious that the appellants will have to file proper paper book incorporating only the relevant documents in accordance with the rules. At the time of final hearing of the appeal, the documents which are not on record of the suit will not be considered unless permission is granted under Rule 27 of Order XLI of the Code of Civil Procedure,1908. JUDGE