1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4284 OF 2008 IN SECOND APPEAL NO. 449 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V. GANGAPURWALA, J. DATE : 22/10/2010 PER COURT : 1. The present application is for stay to the impugned Judgment and decree. This Court vide order dated 15/4/2008 has passed ad-interim order and stayed the execution of decree to the extent of possession. The learned counsel for the respondent submits that in fact the theory put-forth by the present applicants was disbelieved by both the Courts. 2. Be that as it may, the Second Appeal is admitted on the substantial question of law. It would be premature to dilect in this aspect. The decree being for partition and separate possession and as the Second Appeal is admitted, the delivery of possession will have to be stayed. 3. In light of the same, ad-interim relief 2 granted on 15/4/2008 shall continue till the disposal of Appeal. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 4284.08 in SA 449.07