VENKATARAMAN, J. :- The petitioner herein, Gouse Bi, was the 1st defendant in O.S. 703 of 1964 on the file of the City Civil Court, Madras. It was a suit for partition. A decree was passed on 8-9-1969, overruling a contention of hers that some property belonged to her absolutely as Mahar. She filed a memorandum of appeal to this court, but, since, it was out of time, she filed a petition, CMP No. 719 of 1972, under Section 5 of the Limitation Act, to excuse the delay in filing the appeal. Pending disposal of CMP No. 719 of 1972, she has filed CMP No. 8236 of 1973 for stay of further proceedings in O. S. 703 of 1964 on the file of the City Civil Court, Madras.

2. So far as we are aware, till recently, the uniform practice of this court has been to grant interim stay, if the court felt that it would be expedient to grant stay, and notice would be ordered of the interim stay along with the notice in the application under Section 5 of the Limitation Act. But in a recent decision in C. M. P. No. 6420 of 1973. Paul, J., has decided that till the delay is excused under Section 5 of the Limitation Act, the court cannot be said to be seized of the appeal and that the court cannot pa