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Judgment
Alok Aradhe, J.—Heard on the question of admission. The appeal is admitted on the following substantial question of law:
Whether the Courts below committed an error of law in decreeing the suit filed by the plaintiff with regard to declaration of title, even when the relief of declaration of title in respect of 1/3rd share of the plaintiff was deleted in compliance of order of the trial Court dated 23.1.2006?
On payment of P.F. by registered post with acknowledgment due within a period of one week, issue notice of this appeal on merit along with the aforesaid substantial question of law to respondents.
Also heard on I.A. No. 8590/2012.
On payment of P.F. by registered post with acknowledgment due within a period of one week, issue notice of aforesaid I.A. to the respondents.
Learned counsel for the appellants submitted that the appellants are in possession of the suit property and in case they are dispossessed in execution of the impugned decree, the appellants would suffer irretrievable prejudice.
Taking into account the submission made by learned counsel for the appellants and in view of the decision rendered in Atma Ram Properties (P) Ltd. Vs. Federal Motors Pvt. Ltd., and Pabbathi Venkataramaiah Chetty Vs. Pabbathi N. Rathnamaiah Chetty and Others, it is directed that the proceeding for partition may go on but the execution of the impugned decree so far as it directs delivery of possession shall remain stayed till next date of hearing. Certified copy as per rules.