1 44 caf.4391.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 4391 OF 2011 IN FIRST APPEAL NO. 1461 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Bhushan A. Walimbe for the Applicants. Mr. Vishwanath Sawant i/b M/s.Shah and Sanghavi for the Respondents. CORAM : A.S.OKA, J. DATE : 20 th October, 2011. P.C. . Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondents. 2 Perused the interim order dated 20 th September, 2005 passed by this Court. As per the said order, partition proceedings will have to continue. What is stayed by this Court is actual delivery of the possession. 3 In view of the said order, the trial Court will have to take appropriate steps for issuing precept in 2 44 caf.4391.11 accordance with Section 54 of the Code of Civil Procedure, 1908. The interim order passed by this Court will have to be implemented and partition proceeding will have to be commenced and continued till the stage of actual delivery of the possession. The effect of the interim order is that till the disposal of the appeal, the actual delivery of the possession by the partition of the suit property by metes and bounds cannot be effected. All proceedings till that stage can continue. 4 With above directions, the application is disposed of. [ A.S.OKA, J ]