1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1848 OF 2007 APPLICATION NO.1848 OF 2007 APPLICATION NO.1848 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.69 OF 2008 APPEAL NO.69 OF 2008 APPEAL NO.69 OF 2008 Shri Narsinha Eknath Kalbhor and anr. : Appellants. versus Shri Dhananjay Machchindra Kalbhor & ors. : Respondents. Mr.J.G.Reddy for the appellants. Mr.A.R.Kapadnis for the respondents. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : APRIL 17, 2008. : APRIL 17, 2008. : APRIL 17, 2008. P.C. P.C. P.C. 1. This is an application filed by the appellants for interim relief in terms of prayer clause (b) which 2 reads as under :- "Pending hearing and final disposal of the Appeal, this Hon’ble Court be pleased to stay execution, operation and implementation of the Judgment and Order, dated 17.10.2007, passed by learned Adhoc Addl.District Judge-IX, Pune, in Civil Appeal No.862/2002." This application is filed in the Month of December 2007. This Court on 9th January 2008 passed an order and it is clarified in Para 2 of the said order that partition proceedings to proceed. However, actual physical partition by metes and bounds shall not be effected till further orders. 2. Both the learned counsel appearing for the appellants as well as respondents agree to dispose of this application in view of the order passed by this Court on 9th January 2008. Hence, the civil application is disposed of in view of the order passed by this Court on 9th January 2008. [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]