jpc wp3813-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 3813 OF 2011 Hindurao Raghunath Yadav and others ... Petitioners Versus Baban Mahadeo Yadav and others ... Respondents Ms. Tejsweeta Kadam i/by Mr. Rahul S. Kate for the petitioners CORAM: R. M. SAVANT, J. DATED : 2nd December, 2011 P.C. : The above petition is directed against the order dated 27th September, 2010 by which order, the First Appellate Court has refused to grant stay pending the Appeal. The said refusal is on the ground that the trial Court has recorded a finding that there was oral partition between the parties. The plaintiffs' sole witness Sangita Yadav who is the wife of the plaintiff No.1 has unequivocally admitted in her evidence about the separate possession of her husband Hidnurao and her brother in law Baban. In the light of the said finding recorded by the trial Court, in my view, no fault can be found with the order passed by the First Appellate Court refusing to stay the decree. In that view of jpc wp3813-11.sxw 2 the matter, no case for interference is made out. Writ petition is accordingly dismissed. However hearing of the Appeal i.e. Misc. Civil Appeal No. 117 of 2007 is expedited. (R. M. SAVANT, J.)