1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10267 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 10267 OF 2010 *** 1. Heard Advocate Shri B. A. Shinde for Petitioner/ defendant/ appellant and Advocate Smt. Deshmukh for Respondent No.1/ plaintiff, Advocate Mr. M. P. Kale for Respondent Nos. 5 to 7. 2. The petitioner has filed Regular Civil Appeal challenging the judgment and decree of partition. In that, he sought interim stay to protect his possession. As the appeal was found to be filed after delay, the Appellate Court did not grant interim relief and observed that in case appeal allowed, provisions under section 144 C.P.C. could be resorted to by the petitioner. The said order has been assailed in the present petitioner. 3. On 10th November, 2010 this Court, while issuing notice, stayed the execution of decree. Learned counsel Mrs. Deshmukh for 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10267 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. plaintiff pointed out today that on 10th November, 2010 itself the Tahsildar has executed the decree and possession has been handed over to the respondent No.1/ plaintiff. She has produced the photocopy of Panchanama drawn on spot on that day, in support of her contention. That photocopy is taken on record. 4. Shri Shinde is not accepting his Panchanama and also delivery of possession. 5. However, neither Advocate Mr. Shinde nor Advocate Smt. Deshmukh are in position to point out whether Regular Darkhast proceedings instituted by Respondent No.1/ plaintiff are closed or not. 6. In any case, a disputed question arises and in this situation, the respective counsel agree for expeditious disposal of Regular Civil Appeal No.14 of 2009 on the file of District Judge-2, Beed. 7. Shri Shinde states that private paper 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10267 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. book will be filed by the Petitioner/ appellant by 15th March, 2011. Accordingly, the Petitioner/ appellant is directed to file private paper book by 15th March, 2011. After the paper book is filed, District Judge-2, Beed shall attempt to decide the appeal itself on merits as early as possible and in any case by 30th June, 2011. 8. Needless to mention that, the execution of decree and recovery of possession of Respondent No.1/ plaintiff is subject to final adjudication of the said appeal. 9. Writ petition is accordingly disposed of with above directions. No costs. [B.P.DHARMADHIKARI, J.] Dated:03/02/2011. ans/10267