1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1007 of 2007 IN SECOND APPEAL NO. 109 of 2007 Smt.Bhikabai Namdeo Shivtane .. Applicant versus Smt.Sagunabai T.Shivthare @ Gaikwad .. Respondent ... Mr.Dilip Bodake for the applicant Mr.Sameer Tambekar i/b Sandesh Patil for respondent. CORAM : D.G. KARNIK, J DATED : 5th December 2008 P.C.: 1. Heard counsel for the appearing parties. 2. This application is for stay of the execution of the decree. Decree is of a partition. In my view, partition can proceed and only actual delivery of possession can be stayed. Accordingly, 2 following order is passed:- 3. Execution of the decree for partition can be proceeded with and partition by metes and bounds can be effected on paper. However, final delivery of possession shall not be effected without prior leave of this court. Proceedings for mesne profits, if filed and if maintainable, can also be proceeded with and mesne profits can be determined. 4. Civil Application is disposed of. (D.G. KARNIK, J)