-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 787 OF 2001 CIVIL APPLICATION NO. 787 OF 2001 CIVIL APPLICATION NO. 787 OF 2001 IN IN IN SECOND APPEAL NO. 630 OF 2001 SECOND APPEAL NO. 630 OF 2001 SECOND APPEAL NO. 630 OF 2001 Shri Nathuram Jagannath Gharge & Anr. .. Applicants. V/s. 1. Shri Nivrutti Maruti Karande & Ors. .. Respondents. --- Mr.S.S.Kulkarni for the Applicants. Mr.Deokar h/for Mr.Rahul Kate for Respondent No.1. Mr.S.R.Nargolkar for the Respondent No.2. --- CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. P.C. : P.C. : P.C. :- . Second Appeal has been admitted in which the challenge is to the decree for partition and separate possession of immovable property. Hence, actual partition by metes and bounds cannot be effected till final disposal of the appeal. Therefore, Civil application is disposed of by directing that the actual physical partition by metes and bounds shall not be effected till final hearing of the appeal. 2. Mr.Nargolkar makes a prayer for fixing an early date of hearing. Considering the pendency of the very old appeals of 1985, the said prayer cannot be accepted. However, hearing of the appeal is expedited. -: 2 :- (A.S. OKA, J)