1 wp-1774-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1774 of 2011 Nagnath Dnyanu Dalavi & Anr. .. Petitioners Versus Dattu Bhau Dalvi & Ors. .. Respondents Mr. Bhushan Walimbe i/b Mrs. Preeti Walimbe for the Petitioners Mr. Akshay Shinde i/b Mr. A.M.Kulkarni for Respondent No.2 Mr. Vikas Mali for Responent No.1 CORAM : R.M.SAVANT, J. DATE : 23rd NOVEMBER, 2011 P.C. : 1 Aggrieved by the Order dated 8-2-2011 passed by the Learned District Judge-I, Islampur, by which order, the Application Exhibit 5 in Regular Civil Appeal No.152 of 2009, for stay of the decree has been rejected by the Learned Judge. The Petitioners are before this Court invoking its writ jurisdiction. 2 The above Petition had come up for hearing on 1-3-2011, when this Court by way of clause (2) has stated thus: “By way of ad-interim order, it is directed that the proceedings for effecting partition as per the decree passed by the Learned Trial Court, would proceed in accordance with law. However, there shall be stay in so far as actual delivery of possession is concerned.” 2 wp-1774-11 3 In the facts and circumstances of the case, it would be just and proper to continue the said Order dated 1-3-2011 wherein clause (2) as above finds place, is continued, pending the hearing and final disposal of the Appeal before the Lower Appellate Court. In the facts and circumstances of the case, where the decree is one for partition in my view, it would be just and proper to expedite the hearing of the Appeal which is accordingly expedited and the Lower Appellate Court is directed to dispose of the said Appeal by 31-3-2012. 4 With the aforesaid observations, the Writ Petition is disposed of. (R.M.SAVANT, J.)