1 WP 3849.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3849 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. M.A.Kulkarni ,Advocate for the Petitioner. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 06/06/2011 PER COURT : 1. The petitioner has impugned the order dated 29/4/2011 passed below Exh. 61 i.e. the stay application seeking stay to the execution of the decree passed by the trial court regarding partition and separate possession. Vide the impugned order, the lower appellate court has stayed the delivery of possession, but allowed the measurement to be carried out. 2. Mrs. M.A.Kulkarni, the learned counsel for the petitioner submits that when this Court vide order dated 15/2/2011 in Appeal from Order No. 2 WP 3849.2011 35 of 2011 directed the lower appellate court to decide the Appeal, the lower appellate Court should have decided the Appeal finally and not pass such an order on the said application. The learned counsel further contends that if measurement is allowed to be carried out, the same may create many complications. According to the learned counsel, there was no propriety in passing the impugned order when already status- quo was granted in February, 2011. 3. The perusal of the order shows that the delivery of possession is stayed by the lower appellate court vide the impugned order. So, even if the measurement takes place, still the possession is protected. There is stay to the delivery of possession. As such, no prejudice would be caused to the petitioner if the measurement is allowed to be carried out. The same is the step in furtherance of the decree. However, the interest of the petitioner is protected in as much as the delivery of possession is stayed. No prejudice would be caused to the petitioner in view of the impugned order. The lower appellate Court shall decide the Appeal within the period of three ( 3 ) months from today. 4. In view of the above, the Writ Petition being 3 WP 3849.2011 devoid of merits, is dismissed however with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 3849.2011