1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1409 OF 2009 IN SECOND APPEAL NO.401 OF 2008 (Shri Shivaji Shinde[deceased] thru’ LRs vs.Smt.Tarabai Shinde & ors.) ------------------------------------------------------------------ Office Notes, Office Memoranda of : Coram, appearances, Court’s orders : or directions and Registrar’s : Court’s or Judge’s orders orders : ------------------------------------------------------------------ Ms.Tanmayee Gadre h/f Mr.Nitin Deshpande Advocate for applicants. Mr.Rajesh Kachare, Advocate for respondents no.1 and 3 CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 23rd November, 2009. PC :- 1. This Civil Application is taken out for stay of operation of the judgment and decree passed by the District Court, Satara. By the impugned judgment and order dated 14th December 2008, the District Court allowed the appeal filed by the original plaintiffs and declared the share of original plaintiffs 2 alone as that of 11/50th in the suit properties. The Court ought to have declared the shares of other family members in the operative part of the order, so that the precept could have been sent to the Collector for effecting the partition. In these circumstances and in view of the admission of the appeal, the Civil Application is allowed in terms of prayer clause (a). Costs to be cost in cause. (Judge)