jpc wp4474-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 4474 OF 2011 Arun Shripati Ranawade and others ... Petitioners Versus Bhagwandas Shitaldas Lalwani Since deceased through L.R. Vijay Shankarlal Lalwani and others ... Respondents Mr. Rajaram B. Deshmukh for the petitioners Mr. Nitin P. Deshpande for the respondents CORAM: R. M. SAVANT, J. DATED : 24th November, 2011 P.C. : 1. The above petition takes exception to the order dated 15th March, 2011 passed by the District Judge-11 & Additional Sessions Judge, Pune below Exh.5 in Civil Appeal No.116 of 2011 by which order, the First Appellate Court has refused stay pending the appeal. 2. The petitioners are the appellants in Civil Appeal No. 116 of 2011, which has been filed challenging the decree which has been passed in Regular Civil Suit No.834 of 1992. The First Appellate Court has refused stay of the decree on the ground jpc wp4474-11.sxw 2 that the decree is one for partition and if the stay is granted, the matter would be unnecessarily prolonged. In my view, no fault can be found with the impugned order. In so far as the stay is concerned, though the proceedings relating to the partition may go on, the possession may not be handed over to the plaintiffs pending the appeal. 3. With the aforesaid observation, the writ petition is disposed of. Hearing of the appeal is expedited. (R. M. SAVANT, J.)