skt/- cas.214.10.sxw ..1.. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION NO. 214 OF 2010 IN SECOND APPEAL NO. 208 OF 2009 Sadashiv Shankar Mali ...Applicant. Vs. Mahadeo Shankar Mali & Ors. ...Respondents. ..... Mr.Manoj A. Patil, Advocate for the applicant. Mr.Sandesh Patil, Advocate for the respondents. ..... CORAM :­ R.S.MOHITE, J. DATED :­ 5TH MARCH, 2010. P.C.­ 1. This is an application for vacating the status quo order dated 27th August 2009 passed in Civil Application No.788 of 2009. The status quo was granted until further orders. Though, that civil application is formally not disposed off, this fresh civil application is filed for vacating the said status quo. It is seen that the Second Appeal was against the decree of partition. The Second Appeal was admitted on two substantial questions of law, which were formulated by this court, while admitting the matter on 27th August 2009. The two substantial questions of law were as under : skt/- cas.214.10.sxw ..2.. (a) Whether the appellate court could have granted future mesne profit under Order 20, Rule 12 of the CPC only in respect of the respondent’s share of the properties and the house property in a suit for partition ? (b) Whether the appellate court erred in giving a right to the plaintiff in the Well situated in land bearing Plot No.258, although there was evidence on record indicating that the Well was excavated and constructed by the appellants using their own income ? 2. The advocate appearing for the applicant states that the applicant is willing to relinquish his right in well in land block No.258. In view of this concession, the only point remains for consideration is, whether the appellate court should have granted future mesne profit. In view of this position, the status quo is vacated and it is directed that pending disposal of the appeal, the enquiry into the future mesne profit under order 20 rule 12 as directed by clause H of the decree of the appellate court, dated 17­11­2008, be stayed. The partition to proceed and possession may be given to the parties as there is no substantial challenge to the partition as directed by the trial court. 3. With these directions, both the civil applications stand disposed of. (R.S.MOHITE, J.)