-: 1 :- caf-3476/02 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPL. NO. 3476 OF 2002 IN FIRST APPEAL NO. 630 OF 2002 Namdeo Shivram Redij & Ors. ..Applicants. Versus Vishwanath Shivram Redij & Ors. ..Respondents. Mr. P. S. Dani for the applicants. Mr. C. R. Naidu i/b C. R. Naidu & Co., for R-1. Coram : RANJIT MORE, J. Date : September 15, 2011. P. C. : 1. Heard learned counsel for the respective parties. The above First Appeal arises out of a partition decree. The suit properties are mentioned in Schedules - A, B & C. Under the impugned judgment and decree, 1/5th share is given to respondent no.1 [original plaintiff] in the properties mentioned in Schedule-A, and in the properties mentioned in Schedules- B & C, 1/3rd share is given. So far as properties mentioned in Schedule-A is concerned, Mr. Dani does not dispute that respondent no.1 has 1/5th share. He has not challenged that finding of the trial Court in an appeal. So far as properties srp -: 2 :- caf-3476/02 mentioned in Schedule- B & C are concerned, those properties are business premises and residential premises respectively situated at Mumbai. The Applicant–appellant denied that the property mentioned in Schedules- B & C are bought from the joint family income. The share of respondent no.1 is also denied. In any case, though there is a decree in favour of respondent no.1, same is challenged in the First Appeal which is already admitted by this Court and is pending. 2. The appellant–applicant has taken out this civil application for stay to the partition decree dated 19/4/2001. Since the appellant has no grievance about decree qua the properties mentioned in Schedule-A, the stay need not be granted in respect of those properties. 3. So far as properties mentioned in Schedules-B & C are concerned, in my view, the interest of justice would be met if the proceedings for execution of partition decree are directed to be proceeded upto the stage of actual handing over of possession. Civil application is accordingly disposed of by passing following order. -: O R D E R :- -: 3 :- caf-3476/02 (I) The impugned decree for partition and separate possession so far as it relates to properties mentioned in Schedule-A are concerned, the partition proceedings including delivery of possession shall go on. (II) The impugned decree for partition and separate possession so far as it relates to properties mentioned in Schedules-B & C are concerned, the partition proceedings shall go on, however, actual physical possession shall not be delivered. 4. Taking into consideration ages of the parties, hearing of appeal is expedited. (RANJIT MORE, J.)