: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1022 OF 2008 WITH CIVIL APPLICATION NO.1246 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.G.M. Savagave for the Appellants. Mr.Surel S. Shah for Respondent No.1. Mr.S.V. Sadavarte for Respondent Nos.2 and 3. CORAM : S.J. VAZIFDAR, J. DATED : 11TH NOVEMBER, 2008. P.C. : 1. The present Appeal from Order is is misconceived. Respondent Nos.2 and 3 had filed a suit for partition which was decreed. Under the said decree the Appellant and Respondent Nos.2 and 3 were allotted 1/3rd share each. Respondent No.2 in turn has transferred her 1/3rd undivided share to Respondent No.1 who is a third party. : 2 : 2. The present suit is filed by the Appellant who was a party to the partition suit. There is nothing to indicate that the Respondents are disturbing the Appellant’s possession except by due process of law. The decree has been put to execution. That obviously is due process of law. 3. The Appellant has, as stated, taken out an application for setting aside the said decree. That is another matter on which I express no opinion. It is always open to the Appellant to obtain any reliefs interim or otherwise in the said application. 4. In the circumstances, the Appeal from Order is dismissed. The Civil Application is also dismissed. The status-quo order granted earlier shall stand vacated.