1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Civil Application (CAS) No. 948 of 2009 in SECOND APPEAL NO. 473 OF 2009 (Smt.Chandrabhaga Marotrao Kamdi ...VERSUS... Smt. Sundarabai Wd/o Daulatrao Zade) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. A.B.Mirza, Advocate for appellant/applicant. Mr. S.V.Bhutada, Advocate for respondent. C ORAM : C.L.PANGARKAR, J. DATED : 29th MARCH, 2010. Heard learned counsel for the appellant and the respondent. This civil application has been moved for grant of stay to the execution of the decree passed by the first appellate court. The trial court had dismissed the suit for partition and separate possession while the appellate court has passed a decree granting relief in favour of the plaintiff that she is entitled to 1/3rd share in the suit fields and the house property. The present appeal has been admitted on substantial questions of law and in view of this, it would be proper to stay the execution of the decree passed by the first appellate court. In the circumstances. The judgment and decree passed by the first appellate court is stayed, on appellant's furnishing solvent surety to the satisfaction 2 of the Civil Judge within the time to be stipulated by the Civil Judge and also on depositing the costs as awarded by the courts below. Civil Application is disposed of in aforesaid terms. The respondent is stated to be 70 years of age. Hence, hearing of the appeal is expedited. Hamdast allowed. JUDGE. Diwale