1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 1113 OF 2009 Suhas Wamanrao Khadgi Vs. Arun Wamanrao Khadgi & Ano. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. R. L. Khapre Adv for appellant. Mr. Sudhir Malode Adv for respondents. CORAM: F. M. REIS J. DATED: 27 th JANUARY, 2010. C. A. F. NO. 2559 of 2009: Heard learned counsel for the appellant and the respondent. This is an application for stay of operation and execution of the impugned judgment and decree dated 05/03/09 whereby the learned trial Court directed that the suit property is to be partitioned. It is not disputed that the appellant is occupying the suit premises, part of it is being 2 occupied by different other persons. Learned counsel for the respondent states that the appellant has been enjoying the income of the property for last more than 8 years. The said fact has been disputed by the learned counsel for the appellant on the ground that during the life time of the mother the income was being appropriated by her. Nevertheless, in the facts and circumstances of the case the operation and execution of the decree dated 05.03.2009 is stayed subject to the appellant depositing in this Court the sum of Rs. 15,000/- P. A. on or before 31st of March each year until the disposal of the above appeal. The first such installment of the said amount shall be deposited on or before 31.03.2010 and for the subsequent period as stated herein above. Application stands disposed of. JUDGE svk 3