SRJ wp-4923-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4923 OF 2009 Shri Bajirao R. Kshirsagar & Another .. Petitioners V/s. Kiran B. Kshirsagar & Another .. Respondents. Mr.Sanjay T.Shinde i/b. Shri M.M.Sathaye, for Petitioners. Mr.Sachin Gite,for Respondent Nos.1 and 2. CORAM : A.S.OKA, J. DATE : 29th MARCH,2010. P.C. : 1] Heard Learned Counsel appearing for the Petitioner and the learned Counsel for the 1 st and 2 nd Respondents who are the original Plaintiffs. The suit filed by the 1 st and 2 nd Respondents has been decreed and a decree of partition and separate possession in respect of an agricultural land as well as a house property has been passed in favour of the 1 st and 2 nd Respondents. The decree directed that the partition of the agricultural land shall be effected by the Collector in accordance with the section 54 of the Code of Civil Procedure,1908 and the partition of the house property shall be effected by appointing a Court Commissioner. The Petitioner preferred an Appeal against the said decree. As there was a delay in SRJ wp-4923-09.sxw 2 preferring the appeal, an application for condonation of delay has been filed by the Petitioner. An application was moved by the Petitioner before the District Court praying that the the application for condonation of delay be taken up in summer vacation of May, 2009 as the revenue authorities were proceeding with the work of partition. An application was made by the Petitioners at Exhibit 14 praying for stay of execution of the decree. On 4 th May, 2009, the learned Judge issued notice on the said application without granting any ad-interim relief. Therefore, the Petitioners have approached this Court by way of this Writ Petition under article 227 of the Constitution of India. On 20 th May, 2009, this Court granted a limited ad-interim relief directing that the partition proceedings will be go on but the possession of the Petitioner shall not be disturbed. It is pointed out across the bar that the application for condonation of delay is not yet decided. No purpose will serve by keeping this Petition pending. Interests of justice will be served, if the District Court is directed to decide the application for condonation of delay as expeditiously as possible. Till the decision of the said applications, the limited ad-interim relief granted by this Court on 20 th May, 2009 will have to be continued. 2] Hence, the Petition is disposed of by passing the following order:- SRJ wp-4923-09.sxw 3 (i) The Learned District Judge will decide Misc. Civil Application No. 19 of 2008 as expeditiously as possible and in any event, before the end of July, 2010; (ii) Ad-interim relief granted by this Court on 20 th May, 2009 will continue to operate till the application for condonation of delay is finally decided. (iii) Writ Petition is disposed of in the above terms. (iv) All contentions on merits of the application for condonation of delay are expressly kept open. (A.S.OKA, J. ) SRJ wp-4923-09.sxw 4