JUDGMENT : 1. On 01.04.2015, this Court passed an order as under; "Issue notice for final disposal of the matter, returnable after Summer Vacation 2015. Respondent be served by R.P.A.D in addition to regular mode of service. In the meantime the order impugned shall remain stayed. The petitioner to deposit an amount of Rs.20,000/- in this court within a period of four weeks from today. If the amount is not deposited, the interim order shall stand vacated". Rule made returnable forthwith. Heard the matter finally by consent of learned counsels appearing for the parties. 2. The operative portion of the order passed by the trial Court on 09.06.2014 in Regular Civil Suit No. 20 of 2010 is reproduced below. "1. The suit is decreed with costs whereas the counter claim is dismissed with costs. 2. It is hereby declared that the plaintiff is having half share in the suit property bearing field survey No. 186,1 H 65 R, Mouza Seloo, Tah. Seloo, District Wardha. It is further declared that defendant is also having half share in the suit property. 3. The partition of the suit property bearing field survey No. 186, be effected equitably by the Collector, or any gazetted subordinate of the Collector in his behalf, in accordance with the above declaration of share in conformity with the law for the time being in force relating to the partition, or separate possession of share of the said land and the plaintiff be delivered the possession of the land of his share. 4. The decree be sent to the Collector for compliance of the direction given in clause 3 in above vide Section 54 of the Code of Civil Procedure. 5. Decree be drawn accordingly. 3. The petitioner has preferred Regular Civil Appeal No. 162 of 2014, which is pending for adjudication. An application Exh. 6 was filed before the lower appellate Court for stay of the decree. On 11.03.2015, the lower appellate Court passed an order, the operative portion of which is reproduced below. "[1] The application Exh.6 is allowed. [2] The effect, operation and execution of the judgment and decree passed by the learned Civil Judge, Jr. Dn. (Jt. Court), Seloo, in R.C.S. No. 20/2010 on 09.06.2014, is stayed till the disposal of the appeal subject to the condition that the appellant shall deposit Rs.30,000/in this Court within the period of four weeks from today. [2] The effect, operation and execution of the judgment and decree passed by the learned Civil Judge, Jr. Dn. (Jt. Court), Seloo, in R.C.S. No. 20/2010 on 09.06.2014, is stayed till the disposal of the appeal subject to the condition that the appellant shall deposit Rs.30,000/in this Court within the period of four weeks from today. Further, the appellant shall also deposit Rs.10,000/per year in this Court on or before 1st day of February of each year till the decision of this appeal. [3] Hamdast allowed" 4. It is a usual decree for partition and separate possession. There is no decree for monetary claim. It is not in dispute that there is no enquiry into the mesne profit ordered by the trial Court. It is not understood as to on what basis the lower appellate Court puts conditions of deposit of the amount. The question of directing the petitioner by interim order to deposit an amount of Rs.30,000/in the Court and to further continue to deposit Rs.10,000/per year does not at all arise. The order to the extent imposing condition cannot, therefore, sustained and it has to be quashed and set aside. 5. Normally, the appellate Court should not stay the proceedings under Section 54 of Civil Procedure Code after a decree for partition and separate possession, as it takes time. The lower appellate Court in this case should not have stayed the execution of the decree for partition. Hence, the proceedings for partition may go on. However, the possession of the parties shall not be disturbed and at the conclusion of such proceedings, the parties shall be at liberty to approach the lower appellate Court, either for grant of hearing finally or for vacating the interim order. 6. The amount of Rs.20,000/deposited by the petitioner is directed to be withdrawn by the petitioner along with interest, if any, accrued thereon. Rule is made absolute in above terms. No orders as to costs.