1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.12350 OF 2009 IN FIRST APPEAL NO.4118 OF 2008 Deelip Krishnappa Dharne and others Applicants V/s Prabhavati Subhashrao Patil and others. Respondents ------------------------------------------------------------------------------------------------------- Mr. V. B. Patil, Advocate for Applicant. Mr. P.P. Dudile, Advocate for the Respondent Nos.1 and 2. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 2nd September, 2009. PER COURT : 1. This is an application for stay to the judgment and decree dated 11.08.2008 passed by the learned Second Joint Civil Judge, Senior Division, Latur in Special Civil Suit No.75/2004. The Suit is decreed by holding that, the plaintiff nos.1 to 3 and the defendant nos.1 to 5 are entitled for equal 1/8th share each in the suit property and they are entitled for partition and separate possession. The suit property is described in para no.3 of the judgment of the Trial Court which include an amount in saving bank account and fixed deposit at Sr. No.iv, v and vi. The property at sr. 2 no.i, ii and iii is immovable property. 2. So far as the amount lying in saving bank account and fixed deposit is concerned, none of the parties shall withdraw the said amount pending the decision of this Appeal. The amount lying in fixed deposit is concerned, the deposit period of fixed deposit shall be extended from time to time. So far as immovable property at sr. nos.i, ii and iii of the paragraph no.3 of the impugned judgment is concerned, the proceedings for partition may go on before the Collector. However, possession of the respective parties over the said suit property shall not be disturbed without obtaining further orders from this Court. 3. The aforesaid arrangement shall continue pending the decision of the appeal. The Civil Application thus stands disposed of. (R.K. DESHPANDE) JUDGE GAS/ca12350.09