IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1049 OF 2005. APPLICATION NO.1049 OF 2005. APPLICATION NO.1049 OF 2005. IN IN IN SECOND SECOND SECOND APPEAL NO.604 OF 2005. APPEAL NO.604 OF 2005. APPEAL NO.604 OF 2005. .................................................................. Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. .................................................................. Shri V.B.Nighot for the Applicant. Shri Vilas Tapkir for the Respondent No.1. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 09th January, 2008. : 09th January, 2008. : 09th January, 2008. P.C.: P.C.: P.C.: 1. Heard advocates appearing for the parties. The impugned judgment and decree is preliminary decree of partition. During the pendency of the second appeal partition proceedings will go on. However, actual physical partition by metes and bounds shall not be effected till further orders. Civil Application is disposed of accordingly. JUDGE JUDGE JUDGE