1 caf2784 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2784 OF 2009 IN FIRST APPEAL NO.1205 OF 2009 Smt.Laxmi @ Bharati Mahadeo Patil & Anr. ...Applicants vs. Smt.Leelabai Mahadeo Patil & Ors. ...Respondents Mr.M.M.Sathye for the applicants Mr.Milind Deshumukh for the respondent no.1 Mr.Sameer Tambvekar for respondent no.23 CORAM : A.S.OKA,J. DATE : MARCH 29,2011 P.C.: 1 Heard learned counsel for the parties. The first part of the impugned decree grants declaration in favour of the first respondent-plaintiff that he has become owner of the property specified in clause (2) of the operative part of the decree. The second part of the decree is a preliminary decree of partition. As far as first part is concerned, declaratory decree cannot be stayed. However, it is for the applicant to apply for appropriate prohibitory relief. As far as second part is concerned, a limited interim relief will have to be granted. 2 Hence, application is disposed by passing the following order : i) Prayer for stay as regards clause (2) of the operative part of the decree is rejected with liberty to the applicant to apply for appropriate interim relief. 2 caf2784 ii)Partition proceedings will continue. However, actual physical partition by metes and bounds shall not be effected till further orders. JUDGE