: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.935 OF 2009 IN SECOND APPEAL NO.625 OF 2005 Annu Tatoba Magdum .. Applicant V/s. Raghu Jinappa Magdum & Ors. .. Respondents ..... Mr. V.B. Rajure for the applicant Mr. P.R. Arjunwadkar for respondent Nos.1B, 1B(i), (ii), and (iii). ..... CORAM : R.Y. GANOO, J. DATE : 29TH JUNE, 2009. P.C. : 1. By the Judgment delivered by learned 5th Adhoc Additional District Court, Kolhapur in Regular civil Appeal No.444 of 1996 suit property in question was ordered to be partitioned. Second Appeal stands admitted. Hence, applicant wants that the said decree for partition should not be executed hence, this Civil : 2 : Application. 2. I have heard learned advocates on both sides. Since the question whether the impugned decree passed by the learned District Judge is right or wrong is to be decided in the second appeal, the said decree cannot put into action. Hence, Civil Application will have be to granted. 3. Civil Application is made absolute in following terms :- . The execution of decree shall proceed however, actual partition of property shall not be done. There shall be no order as to costs. (R.Y. Ganoo, J.)