1 ca906-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.906 OF 2010 IN SECOND APPEAL NO.352 OF 1993 Rajendra Ganesh Kulkarni ..Applicant Vs Prakash Ganesh Kulkarni and ors. ..Respondents -- Mr.Mandar Limaye, for applicant. Mr.M.R.Katikar, for respondent no1. -- CORAM : R.G.KETKAR, J. DATE : 25 th FEBRUARY, 2011 P.C: Heard Mr.Mandar Limaye, learned counsel for the applicant and Mr.M.R.Katikar, learned counsel for the respondent no.1. 2] By this application, the applicant has prayed for stay to the further proceedings in Regular Darkhast No.117 of 1997 pending before the learned Civil Judge Junior Division, Tasgaon relating to handing over of the possession of 7/24 th share of the respondent no.1. 3] It is not in dispute that the Regular Darkhast No.117/1997 arose out of the Suit No.216 of 1983 instituted by the mother of applicant and respondent no.1 for partition. The suit instituted by Indirabai Ganesh Kulkarni was decreed. Regular Civil Appeal No.70 of 1989 was also 2 ca906-10.sxw dismissed. It is also not in dispute that the Second Appeal preferred by the respondent no.1 herein challenging the decrees in those proceedings is dismissed. In short, the partition decree passed in those proceedings have attained finality. By the present application, the applicant prays for stay to Regular Darkhast No.117 of 1997 which is filed for execution of the decree passed in the Suit filed by Indirabai. The said decree has attained finality. That apart, the applicant had instituted suit for specific performance of the Agreement of sale dated 30 th July, 1982. That suit instituted by the applicant was dismissed. Aggrieved by this decision, the applicant preferred Civil Appeal which has also been dismissed. Since the applicant has prayed for stay of the Darkhast proceedings out of partition decree, the same cannot be granted. 4] Hence, Civil Application is rejected with no order as to the costs. However, hearing of the Second Appeal is expedited. [R.G.KETKAR, J.]