IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO.1659 of 2004. APPLICATION NO.1659 of 2004. APPLICATION NO.1659 of 2004. IN IN IN SECOND SECOND SECOND APPEAL NO.1226 OF 2004. APPEAL NO.1226 OF 2004. APPEAL NO.1226 OF 2004. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri A.S.Khandeparkar for the Applicant. Mrs.Shakuntala Mudbidri for the Respondents Nos.1 to 4. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 27th July, 2006. : 27th July, 2006. : 27th July, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Advocates appearing for the parties. The Second Appeal is admitted for final hearing. Considering the nature of the impugned decree no case is made out for grant of a blanket stay. 2. Civil Application is disposed of by the following order: i) The proceedings for partition to proceed further. However, final partition by metes and bounds shall not be effected without the prior permission of this Court. ii) Till final disposal of the Appeal, the : 2 : Applicants will not create any third party interests in respect of the suit property. iii) No order as to costs. Judge. Judge. Judge.