1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2181 OF 2009 IN FIRST APPEAL NO. 1198 OF 2003 1. Shevantabai Govind Sangle & ors... Applicants v/s 1. Vithoba Shankar Sangle & ors. ... Respondents Mr.Sumit Khaiire i/by P.N.Joshi for the applicants. Mr.Daswadikar i/by Mr.Uday Warunjikar for respondent Nos.1 to 7 and 10. CORAM: SMT.NISHITA MHATRE, J. DATED: 28TH AUGUST, 2009 P.C.: 1. The civil application has been filed essentially for vacating the stay granted by this Court and to put the applicants in possession of the suit lands in accordance with their shares determined in the suit for partition. By the order dated 11.6.2004, this Court (Oka, J.), while disposing of the Civil Application No.3051 of 2003 ordered as follows:- 2 “The partition proceedings are permitted to be continue. However, actual physical partition shall not be effected without permission of this Court. Clause No.3 of the operative part of the decree will remain stayed subject to applicant depositing the amount as directed by clause No.3 in the Trial Court within a period of 12 weeks from today. If the amount is not deposited, stay granted as regards clause No.3 of the decree will stand vacated. If amount as directed is deposited by the applicant, the original plaintiff Nos.1 to 4 and 10 will be entitled to withdraw the amounts respectively payable to them on furnishing security to the satisfaction of the Trial Court.” 2. Thus, the aforesaid order was a conditional order on the appellant depositing certain amounts before the Trial Court within a period of 12 weeks. The order also made it clear that if the amount is not deposited, the stay granted in terms of clause No.3 of the decree would stand vacated. Since this is a conditional order and according to the applicants herein the amount is not deposited, there would be no stay at all. Therefore, the question of 3 vacating a non-existing stay does not arise. 3. The alternative prayer, in my view, cannot be considered at this stage but only when the appeal is heard finally. 4. Civil application dismissed. ..... 4