kbp 1 6528-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6528 OF 2009 Shamrao Shankar Powar ..Petitioner Vs. Dinkar Shankar Powar ..Respondent ......... Mr.P.D.Dalvi, for petitioner. Mr.N.J.Patil, for respondent. ......... CORAM : A.S.OKA, J.. DATE : 12 th OCTOBER, 2009. P.C. : 1] Heard learned counsel for the parties. Considering the narrow controversy involved in this writ petition, the same is taken up for final disposal. 2] The petitioner is the first defendant and the respondent is the plaintiff. In the suit filed by the respondent, a decree for partition and separate possession has been passed which has been challenged by the petitioner by preferring an appeal. The appeal has been admitted. By the impugned order, the application for stay made by the petitioner has been rejected by the appellate court. The learned counsel for the petitioner submitted that as the substantive appeal has been admitted, the appellate court ought to have passed usual order of stay. The learned counsel for the respondent invited my attention to the findings kbp 2 6528-09.sxw recorded by the trial court and submitted that the petitioner has no case on merits, and therefore, the appellate court was justified in declining to grant of prayer for stay. 3] As stated earlier, the appeal has been admitted for final hearing. The decree passed by the trial court is a decree for partition and separate possession of immovable property. Considering the controversy, the appellate court ought to have passed usual order granting a limited protection. Hence, the impugned order deserves to be modified. Hence, I pass the following order:­ (a) Till the disposal of the pending appeal, the partition proceedings shall continue. However, actual physical partition by metes and bounds shall not be effected without the permission of the appellate court. The impugned order is modified accordingly. (b) Hearing of the appeal is expedited. All contentions of the parties on merits of the appeal are kept open. ( A.S.OKA, J. )