1 cas405-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.405 OF 2009 IN SECOND APPEAL NO.129 OF 2008 Keshav Trimbak Kulkarni since deceased through his l.r.s 1. Smt.Sindhu Keshavrao Kulkarni and Ors. .. Applicants Vs. Ramdas Anant Kulkarni and Ors. .. Respondents Mr.R.M.Hardas i/b Mr.P.N.Joshi for the applicants CORAM: K.K. TATED, J. DATE: 8th FEBRUARY, 2011 P.C. 1. Heard the learned counsel for the applicants. 2. None for the respondent. 3. This Civil Application is preferred by original defendant no.1 for stay of the judgment and decree dt.24.09.2007 passed by District Judge-3, Nashik in Civil Appeal No.186 of 1989 and judgment and order dt.31.3.1999 passed by Civil Judge, Junior Division, Sinnar in Reg,C.S.No.46 of 1975 directing the partition to the suit properties. The respondent original plaintiff filed 2 cas405-09 Reg.C.S. No.46 of 1975 for partition and separate possession of their share. The said suit was decreed on 31.3.1999. The appeal preferred by original defendant no.1 was dismissed by the appellate court on 24.09.07. 4. Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, Civil Application is allowed on following terms: a) Execution proceedings to continue except handing over possession of the suit properties to the respective parties till the hearing and final disposal of the second appeal. 5. Civil Application is disposed of accordingly. (K.K. TATED, J.)