1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1410 OF 2004 IN SECOND APPEAL NO. 41 OF 2004 SECOND APPEAL NO. 41 OF 2004 SECOND APPEAL NO. 41 OF 2004 Pratapgonda Pirgonda Patil & Anr. ..Applicants Versus Shivbgonda @ Babasaheb Pirgonda & Ors. Respondents Mr. Amit B.Borkar, Advocate, for the applicants. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 1st August, 2008. DATE: 1st August, 2008. DATE: 1st August, 2008. P.C. P.C. P.C. 1. Heard Mr. Borkar, the learned Counsel for the applicants. 2. The Second Appeal is already admitted wherein the substantial questions are framed. The Appeal is against the decree for partition and separate possession. This Application is for stay to the execution of that decree. 2 3. The Application has been dismissed against respondent Nos.1b,1d and 2A for non-compliance of the conditional order passed on 12.3.2008. The nature of application is such that it has to be allowed against all or against none. Therefore, on an oral request of the learned Counsel for the applicants, the applicants are permitted to take steps within four weeks to serve on respondent Nos.1b, 1d and 2A. If the steps are not taken within four weeks, the Application shall stand dismissed in its entirety without reference to the Court. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)