spb/- 1 ca247-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 247 OF 2011 IN CROSS OBJECTOIN (ST.) NO. 39515 OF 1999 IN SECOND APPEAL NO. 172 OF 1999 Thakubai Kushaba Naikodi ... Applicant. (Org. Respondent No.2A) V/s. Popat Govind Gholap & Anr. ... Respondents. --- Mr. Rajesh Patil for the Applicant. Mr. H.S. Venegaokar for the Respondent No.1. ----- CORAM : G.S. GODBOLE, J. DATE : 02nd SEPTEMBER, 2011. P.C. : 1 Heard Mr. Patil for the Applicant and Mr. Venegaokar for the Respondent No.1, original plaintiff. Respondent No.2 Govind Ganpat Gholat is original Defendant No.1 in the suit and original Appellant No.1 in the Appeal filed in the District Court by the said Govind and the present Applicant in this Civil Application. For hearing of this Civil Application, the presence of said Govind, the Respondent No.2 herein, who is not a contesting party, is not necessary. spb/- 2 ca247-11.sxw 2 The facts leading to the filing of this Application have already been elaborately stated in the order dated 15.07.2011 passed in the Civil Application No. 3411 of 1999. Hence, the same need not be repeated here. 3 Prayer clause (a) of this Civil Application was already rejected by order dated 18.8.2011. Hence, Rule was issued only on prayer clause (b). 4 Since the impugned decree is a decree for partition and separate possession, this Civil Application is disposed of with the following order : i) There is no blanket stay on partition proceedings. The partition proceedings will go on. However, physical possession shall not be handed over till the disposal of the Second Appeal. ii) Rule is made partly absolute in the aforesaid terms with no order as to costs. [G.S. GODBOLE,J] .....