ORDER

Delay condoned.

Leave granted.

2. Learned counsel for the Appellant submitted that first Respondent is the only contesting Respondent and prayed that notice to Respondent Nos. 2 to 8, who are proforma Respondents, may be dispensed with. Notice to respondents 2 to 8 is accordingly dispensed with.

3. This appeal arises from an interim order of the High Court. The Appellant herein has filed an appeal against the final decree in a suit for partition. In the said appeal, he sought stay of execution of the final decree, which required division of a commercial building which is in the occupation of the Appellant who is running a lodge therein. The High Court, considered the application for stay filed by the Appellant and made an order dated 1.9.2006 directing that the appeal itself should be listed for final hearing after Dassara Vacation and till then, the building shall not be demolished.

4. The said order is under challenge. The learned counsel for Appellant submits that he is in possession of the suit premises and his prayer was for interim stay of dispossession as he is running a lodge and an order of stay of demolition will not, therefore, protect his rights, pending appeal. On the