CAS. 150-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 150 OF 2010 IN SECOND APPEAL No. 504 OF 1985 Kisan Tanaji Nanekar (somce deceased. Represented through the Legal Heirs) ...Applicant Vs. Babu Dagdu Nanekar & Ors. ...Respondents *** Mr. Tejesh Dande, for the Applicant. Mr. J. S. Deo, for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : APRIL 19, 2011 P.C. . Heard the learned counsel for the applicant & respondent No.2. Second Appeal is filed, challenging the judgment & decree passed by the lower Courts who have directed that suit property may be partitioned by metes and bounds. Second Appeal was dismissed for want of prosecution and thereafter it was restored. It is, therefore, submitted that the interim order granted may be restored. The learned counsel appearing for respondent No. 2 submits that execution of the decree may CAS. 150-10 - 2 - not be stayed in its entirety. In my view, there is some substance in the submissions made by the learned counsel for the respondent No.2. The execution of the decree is not stayed. However, possession of the premises shall not be handed over by the executing court till disposal of the Second Appeal. It is clarified that if any change is effected in the record of rights, the same shall be subject to final disposal of the suit. [ V. M. KANADE J.]