1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1235 OF 2008 IN SECOND APPEAL NO.957 OF 2007 Gjanan Balu Mhatre (Deceased through his LR's) Smt.Sakhubai Gajanan Mhatre & Ors. ..Appellants V/s. Anant Balu Mhatre .. Respondent Mr.S.G.Karandikar for the Appellants/Applicants. Mr.Uday Warunjikar for the Respondent. CORAM : R.M.SAVANT, J. DATED : AUGUST 13TH, 2008. P.C. The Appeal is filed against the decree for partition and possession of the share of the Plaintiffs, the Second Appeal is filed by the Defendants. Hence, there would have to be interim reliefs in terms of prayer clause “a”. It is an 2 undisputed position at this stage that no execution proceedings have been filed by the Plaintiff/decree holders, it is made clear that the grant of relief in terms of prayer clause “a” would not preclude the decree holders from filing of an application for final decree. In the event such an application is filed, the proceedings for partition can proceed however, the handing over actual possession of the respective shares is stayed pending the hearing and final disposal of the Appeal. 2. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.] 3