ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.4121 OF 2007 APPLICATION NO.4121 OF 2007 APPLICATION NO.4121 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO. 353 OF 1992 APPEAL NO. 353 OF 1992 APPEAL NO. 353 OF 1992 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Nitesh Bhutekar i/by Mr. Uday Warunjikar for the Applicant. Mr.R.M.Pethe, i/by Mr.R.G.Ketkar for Respondent No.1. Mr.P.M.Arjunwadkar i/by Mr.G.S.Godbole for Respondent Nos.2 and 3. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 4th April, 2008 : 4th April, 2008 : 4th April, 2008 P.C. P.C. P.C. . This Civil Application is for vacating the stay granted by this Court in Civil Application No.2557 of 2003. There is no substantial change in the matter except the fact as stated about the requirement of money for his health. ( 2 ) 2. Considering the averments made, I am of the view that this case is not made out to vacate the stay as as granted earlier. 3. The Appellant has already in possession of the property. The First appeal is of 1992. The suit is for partition between the brother and the sisters, I am of the view that this matter can be settled between the parties specially in view of the amendment of the Hindu Succession Act. Both the parties are about 70 years old, matter be fixed for final hearing commencing from the week of 21/04/2008. 4. The Civil Application is disposed of accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]