kbp 1 305-09 + 1.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.305 OF 2009 IN WRIT PETITION NO. 6199 OF 2007 Babaji Ganasheth @ Ganpat Teli ..Applicant Vs. Laxman Babsheth Teli deceased through Legal representatives ..Respondents ......... Mrs.S.A.Mudbidri, for applicant. Mr.R.D.Sawant, for respondent nos.2(2). Mr.r.B.Parab, for respondent nos.9 to 15. ......... CORAM : A.S.OKA, J.. DATE : 23 rd SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the parties. 2] In view of the averments made in the application, the same is allowed in terms of prayer clauses “a” and ”b” ( A.S.OKA, J. ) kbp 2 305-09 + 1.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6199 OF 2007 Babaji Ganasheth @ Ganpat Teli ..Petitioner Vs. Laxman Babsheth Teli deceased through Legal representatives ..Respondents ......... Mrs.S.A.Mudbidri, for petitioner. Mr.R.D.Sawant, for respondent nos.2(2). Mr.r.B.Parab, for respondent nos.9 to 15. ......... CORAM : A.S.OKA, J.. DATE : 23 rd SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the parties. 2] A substantive appeal preferred by the petitioner is pending before the District Court. An application for interim relief was made in pending appeal which has been rejected by the impugned order. 3] An ad­interim order was passed by this Court on 3 rd March, 2009 in Civil Application No.303 of 2009, by which the status­quo was ordered to be maintained in respect of the suit property. 4] The prayer in the application for interim relief made by the petitioner was that till the appeal is heard, the partition proceedings in terms of the decree passed in R.C. S No.46 of 1988 should remain stayed. In view of the ad­interim order passed by this Court, the partition proceeding has not made any progress. 5] Instead of keeping the petition pending, the interests of justice will be served if the appeal is directed to be disposed of expeditiously and a limited kbp 3 305-09 + 1.sxw protection is granted to the petitioner. 6] Hence, I pass the following order: (a) Till the disposal of Civil Appeal No.37 of 2007, the partition proceedings on the basis of decree passed in R.C.S No.46 of 1988 shall proceed further. But the actual physical partition by metes and bounds shall not be effected till the disposal of the appeal. (b) Hearing of the appeal is expedited and the appeal shall be decided within a period of six months from today. (c) All contentions of the parties in the pending appeal are expressly kept open. (d) Writ Petition is disposed of in the above terms. (e) Civil Application No.303 of 2009 does not survive and the same is disposed of. ( A.S.OKA, J. )