( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ CIVIL APPLICATION NO.1308 OF 2005 CIVIL APPLICATION NO.1308 OF 2005 CIVIL APPLICATION NO.1308 OF 2005 IN IN IN FIRST APPEAL NO.605 OF 2005 FIRST APPEAL NO.605 OF 2005 FIRST APPEAL NO.605 OF 2005 Bhimabai Vishnu Thorat ..Applicant V/s. Laxman Pandharinath Nirgude and Ors. ..Respondents ...... Mr.R.M.Haridas i/by P.N.Joshi for the applicant Mr.A.R. Kapadnis for respondent Nos.1 to 5. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 20th April, 2009 DATED : 20th April, 2009 DATED : 20th April, 2009 P.C.: P.C.: P.C.: 1. The decree for partition is under challenge in this first appeal. Naturally till first appeal is decided, no new rights should be created. Hence, the execution of the impugned decree is required to be stayed. Needless to mention that a party who is in possession of a particular property shall continue to enjoy the same. Hence, the order. ORDER ORDER ORDER . Rule is made absolute in terms of prayer clause (a) and (b) with no order as to costs. ( 2 ) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)