1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5403 OF 2009 (Gulabrao Sakharamji Kurwade & Ors. vs. Madhav Gulabrao Kurwade) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 17, 2010. Heard Shri Solao, learned counsel for the petitioners and Shri Chaudhari, learned counsel for the respondent. The grievance of the learned counsel for the petitioners is though the petitioners have got 2/3rd share in the Well, they are not in a position to irrigate their orange trees and the respondent is using it exclusively. It is further contended that the respondent also has got a separate Well to irrigate his orange trees. This Court issued notice in view of this statement. Shri Chaudhari, learned counsel states that during the pendency of suit, interlocutory orders were passed and the respondent is permitted to use well for eight hours i.e. 56 hours in a week. He states that time thereof is also fixed and the respondent is using accordingly. He states that in the final judgment, the respondent is found to be owner of 1/3rd of the Well. 2 During hearing, Shri Solao, learned counsel made another grievance. According to him, the respondent is using Well from 6.00 AM to 2.00 PM and thereafter there is load shedding. It is apparent that the impugned order passed by lower appellate Court is staying only execution of decree insofar as it orders partition is, therefore, justified. The use of Well water by the respondent cannot be restrained during the pendency of appeal. If because of load shedding the petitioners have got any grievance, they are at liberty to move appellate Court seeking alteration of the time for which user is permitted. Subject to that liberty, writ petition is disposed of. No order as to costs. JUDGE *GS.