: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.440 OF 2009 IN SECOND APPEAL NO.609 OF 2007 Sambhaji Bichchu Kotkar ... Appellant V/s. Karbhari Hari Kotkar & Ors. ... Respondents Mr.Kunal Cheema for Appellant Mr.R.Gite for Respondents 1 & 4 CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 23, 2010 P.C.: The civil application has been filed staying the execution of the decree. The appeal was decided by the lower appellate Court on 10.9.2001. The Second Appeal was admitted on 30.1.2008. 2. In my opinion, there is no need to stay the decree. The suit for partition had been decreed and the execution is now in progress. In my opinion, therefore, the proceedings may continue. However, the possession of the separate shares of the parties will not be handed over to them during the pendency of the appeal. 3. Appeal expedited. 4. Civil application is disposed of accordingly.