1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3949 OF 2008 CIVIL APPLICATION NO.3949 OF 2008 CIVIL APPLICATION NO.3949 OF 2008 IN IN IN CROSS OBJECTION (ST.)NO.11315 OF 2008 CROSS OBJECTION (ST.)NO.11315 OF 2008 CROSS OBJECTION (ST.)NO.11315 OF 2008 IN IN IN FIRST APPEAL NO.69 OF 2008 FIRST APPEAL NO.69 OF 2008 FIRST APPEAL NO.69 OF 2008 Jagdish Rajaram Shah .. Applicant V/s. Smt.Vatsala B.Gaikwad & Ors. .. Respondents Mrs.Anita Agarwal for the Applicant. Mr.S.S.Deshmukh for Respondent Nos.2 and 3. CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND A.A.SAYED, JJ. A.A.SAYED, JJ. A.A.SAYED, JJ. DATE : 19TH NOVEMBER, 2008. DATE : 19TH NOVEMBER, 2008. DATE : 19TH NOVEMBER, 2008. P.C. P.C. P.C. . Heard Mrs.Agarwal for the Applicant and Mr.Deshmukh for Respondent Nos.2 and 3. 2. There is a partition decree in respect of the property which is not assessed to land revenue, therefore, section 54 of Civil Procedure Code is not applicable. However, in order to execute the decree 2 for partition, the rights of the parties to the property have been declared and therefore it is a preliminary decree. Final decree will have to be passed. Thereafter the proceeding in respect of a drawing of a final decree will proceed. However, pending the passing of a final decree, the delivery of possession is stayed till the disposal of the Appeal and the Applicant is further directed not to create any third party right or interest in respect of the said property and not to raise loan and alienate the property in any manner. 3. The Civil Application is, accordingly, disposed of. (A.A.SAYED, J.) (S.B.MHASE, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (A.A.SAYED, J.) (S.B.MHASE, J.)