1 20-cas-424-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO. 424 OF 2011 IN SECOND APPEAL NO.908 OF 2001 Shri Ganpatrao R. Ranavare & Others .. Applicants. V/s. Smt. Urmila U. Ranaware & Others .. Respondents. Mr. V. S. Talkute, for Applicants. Mr. Rohan S. Darandale, for Respondent Nos.1 to 3. CORAM : G.S.GODBOLE, J. DATE : 8th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 Perused the records. The Paper Book is ready and tendered in the Court. Accepting the reasons given in paragraph 3, case for restoration is made out. Civil Application is allowed in terms of prayer clauses (a),(b) & (c). 2 20-cas-424-2011.sxw 3 It is clarified that though the Second Appeal is admitted, there is no stay of execution of the decree. In fact, the decree of the Trial Court in respect of the agricultural land is a decree for partition and separate possession which will have to be forwarded to the Collector or his designated subordinate by the learned Civil Judge, Junior Division, Daund. In so far as decree in respect of the possession of 1/4th share to the Plaintiffs in the suit house described in paragraph 1-B of the plaint is concerned, the same is the preliminary decree and for that purpose, the learned Civil Judge, Junior Divison, Daund still proceeded to take steps for drawing up the final decree which is to be drawn without any formal application, by treating that said proceedings as continuation of the original suit. For that purpose, a formal application made to Trial Court along with certified copy of the Judgment of the Trial Court and District Court, is sufficient. 4 It is clarified that if any Civil Application for stay is filed by Applicants, the same will be considered in accordance with law. (G.S.GODBOLE, J.)