1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BEN CH : NAGPUR WRIT PETITION No. 4820/2009. ( Kakaji T. Khaparde -: versus :- Nanaji T. Khaparde and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 29, 2010. Heard Shri A.A. Sonak, learned counsel for petitioner and Shri S.V.Khondale, learned counsel for respondents. The Lower Appellate Court has rejected prayer for grant of stay during pendency of the appeal after noticing that preliminary decree for partition by metes and bound, had already attained finality and Commissioner appointed in execution thereof has reported that house standing on plot no.149 cannot be partitioned. The Trial Court accepted that report and ordered that the property be sold by public auction. Contention before this Court by appellant(JDr) is same. It is argued that the property cannot be partitioned. If the property cannot be partitioned, it is apparent that law has to proceed further and accordingly steps have been initiated by the trial Court. Contention of petitioner / appellant that property cannot be partitioned has 2 been accepted. No case is made out warranting interference in writ jurisdiction. Writ Petition is dismissed. No cost. JUDGE Rgd.