1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1228 OF 2009 IN FIRST APPEAL NO.332 OF 2009 Shri Dattatraya Bhiwa Kamathe & Ors. )..Applicants Vs Sou.Asha Chandrakant Bhadale & Ors. )..Respondents ---- Mr.S.V. Sadavarte for the applicants. Mr.V.M.Parkar i/by C.D.Patwardhan for the respondent nos.4 & 5. Mr.U.B.Nighot for the respondent no.2. ---- Coram : R.S.MOHITE,J Date : 5th January, 2010 PC 1 Heard Advocate for the applicants and the Advocate for the respondent no.2. On behalf of respondent nos.4 & 5 time is sought. It is seen that the appeal has been admitted on merits. The decree is for partition and separate possession. The order passed on 16.3.2009 in this appeal indicates that the main controversy pertains to the land purchased by defendant nos.4 & 5. In the circumstances, Civil Application is disposed off with a direction that defendant nos.4 & 5 will not create any third party rights pending the final disposal of the appeal in respect of lands compromised in prayer clauses-1(A) and 1(B) in the plaint. As there is no dispute regarding the other properties, I am not inclined to grant total stay of the impugned judgment and order. The stay of partition is restricted only to the aforesaid properties i.e 1(A) and 1(B) described in the plaint. Civil Application stands disposed off. (R.S.MOHITE,J) 2 3