1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5339/2011 (GANGABAI DIGAMBARRAO NALEWAD VERSUS VITTHAL GANPAT SUDUSWAD & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.D. Dubey, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 20 , 2011 . Heard the learned counsel for the petitioner. The suit filed by the petitioner for declaration, partition and separate possession was decreed by the trial Court on 06.01.2011. The respondents filed an appeal against the judgment and decree. Along with the appeal, an application was also filed by the respondents under Order XLI Rule 5 of the Code of Civil Procedure for grant of stay. The first appellate Court, by the impugned order dated 03.08.2011, stayed the judgment and decree passed in favour of the petitioner. The order passed by the first appellate Court on 03.08.2011 staying the effect and operation of the judgment and decree passed in favour of the petitioner, appears to be just and proper as the first appellate Court prima-facie found that the trial Court had committed a mistake while deciding the point of limitation and also while granting the share claimed by the petitioner-plaintiff. As the suit was for partition and separate possession and as the first appellate 2 Court prima-facie found that there were errors on the issues of law in the judgment of the trial Court, the first appellate Court did not commit any error in staying the effect and operation of the judgment dated 06.06.2011. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE APTE