1 12-cas-560-2008.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.560 OF 2008 IN SECOND APPEAL NO.389 OF 2008 Appasaheb B. Patil & Another .. Applicants. V/s. Smt. Shalini @ Shakuntala G. Patil .. Respondent. Mr. A. B. Borkar, for the Applicants. Mr. A. Desai i/b. Mr. A.P. Rege, for the Respondent. CORAM : G.S.GODBOLE, J. DATE : 30th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 S.A. is admitted. Stay of the decree for partition and separate possession was granted. Hence, Civil Application is disposed off by passing the following order:­ 2 12-cas-560-2008.sxw (i) there will be limited stay of execution of the impugned Judgment and Decree only in respect of the actual handing over the possession; (ii) partition proceedings before the Collector or any designated subordinate of Collector under Section 54 of the Code of Civil Procedure, 1908 will go on in all respects. Partition list can be prepared. Aggrieved party can file Appeal or Revision under M.L.R. Code, 1966 and all those proceedings can be decided but actual physical possession of land is not to be handed over; (iii) proceedings regarding partition of house property in the nature of final decree in the same suit can also proceed since the decree for partition of house is a preliminary decree. The Court Commissioner can be appointed, measurement can be done, partition can be suggested in accordance with the provisions of Partition Act, objections to the partition can be filed and decided by the Trial Court and even final decree can be passed. Any aggrieved party can file First Appeal against final decree or Second Appeal, if occasion so arises. However, possession will not be handed over; (iv) Applicants and Respondent will maintain status­quo in 3 12-cas-560-2008.sxw respect of the property in all respects and will not create any third party rights or interest of whatsoever nature by entering into any sort of agreement­ oral or written, in respect of the suit property without the leave of the Court; (v) leave is granted to the Respondent to file application for appointment of Court Receiver or direction to deposit the maintenance/ income and all such ancillary relief in this Second Appeal and as and when such application is filed, same will be heard and decided on its own merits; 3 Rule is made absolute in the aforesaid terms with no order as to costs. (G.S.GODBOLE, J.)