1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2601 OF 2007 IN SECOND APPEAL NO.308 OF 2009 Laxmibai w/o Narayan Garje Applicant Versus Prayagabai @ Janabai Bansi Ghuge & another Respondents Mr.S.L.Bhapkar, advocate for the applicant. Mr.Yuvraj Kakade, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 18th September, 2009. P.C.: Learned Counsel appearing for Respondent No.1 has presented an affidavit contending that the decree of partition passed by the Court below has already been executed. Respondent No.1 has presented copy of Regular Darkhast No.7/2000 presented to the Court of Civil Judge, Junior Division, Pathardi as well as the order passed by executing Court directing delivery of possession in favour of Respondents. The decree was sent to the Collector for execution in view of the order passed by executing Court on 01.07.2002 and it is stated by learned Counsel for Respondent No.1 that the Collector has delivered possession to concerned party. A pursis to that effect has been presented to the executing Court on 29.08.2008 requesting to dispose of the Darkhast as possession has already been received. The executing Court, as such, in view of the pursis presented by Respondents permitted withdrawal of execution application. Thus, there are no execution proceedings pending in respect of execution of the decree. The question of entertaining application for stay to the 2 execution, therefore, does not arise. Application, therefore, stands rejected. (R.M.BORDE) JUDGE ******* adb/ca260107