1 caf1567 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1567 OF 2011 IN FIRST APPEAL NO.385 OF 2011 Raju Ratan Chambhar (Kamble) & Anr ...Applicants vs. Appa Sitaram Koli & Ors. ...Respondents Mr.P.D.Dalvi for the applicants Mr.G.M.Savagave for the respondent no.1 Mr.Vilas Jadhav for respondent no.2 CORAM : A.S.OKA,J. DATE : OCTOBER 13, 2011 P.C.: 1 Heard the learned counsel for the applicants and the learned counsel for the first respondent. The first respondent is the original plaintiff. 2 Appeal against the decree for specific performance has been admitted. There is a categorical finding recorded in paragraph 30 of the impugned Judgment that there is no dispute between the parties that the present applicants have 1/4 share in the property and the first respondent has purported to enter into an agreement as regards 3/4 share. The total area of land is 64 Ares. There is no specific finding recorded that the 3/4 share of the defendant nos.1 to 10 who had entered into an agreement with the first respondent was separated by a partition. 2 caf1567 3 Therefore, the execution and operation of the impugned decree will have to be stayed especially when during the pendency of the suit, application for injunction made by the Respondent no.1 was admittedly rejected. However, the parties will have to maintain status quo as of today in respect of the suit property. 4 Hence, application is disposed of by passing the following order : i) There will be stay of the execution and operation of the impugned Judgment and decree till the final disposal of the appeal. ii)Parties are directed to maintain status quo as of today in respect of the suit property. iii)There will be no order as to costs. JUDGE