1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7998 OF 2009 IN F.A. NO. 1953 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA,J. DATED : 26.11.2010 1. Shri Tripathi, learned Counsel appearing for respondent Nos. 1 to 3 seeks discharge on the ground that Shri Totla, learned Counsel, already appears for the said respondents. In light of the same, Shri Tripathi, learned Counsel is discharged. 2. Heard Shri Nandode, learned Counsel for the applicants and Shri Totla, learned Counsel for the non- applicants. The decree for partition and separate possession is passed in favour of the plaintiffs holding that 2 the plaintiffs have 1/3rd share in the suit property. It has also been observed by the Court that the defendants have refused to pay the plaintiffs an amount of Rs. 1,93,343/- of the share of the plaintiffs from the income of family business. 3. Taking into account the fact that the decree is for partition and separate possession and the appeal is admitted, the judgment and decree shall have to be stayed. At the same time, the plaintiffs, who have been deprived of the amount, as have been held by the Court, their right over the said amount requires to be protected. 4. In light of the same, interim relief in terms of prayer clause (B) on condition that the applicant deposits an amount of Rs. 1,93,343/- in this 3 Court within a period of eight weeks from today. 5. The enquiry regarding mesne profit may be proceeded with but the same shall not be executed, in the event the mesne profits are determined. 6. The Civil Application is accordingly disposed of. [S.V. GANGAPURWALA,J.] snk/2010/NOV10/ca7998.09