1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2876 OF 2009 IN FIRST APPEAL NO. 818 OF 2009 IN S.C. SUIT NO. 4870 OF 2002 M/s. Agarwal Construction Co. ... Appellant (Org. defendant) Vs. Malad Highway View Co-op.Housing Society Ltd. ... Respondent (Org. Plaintiff) N.S.Patel & Co., fr the appellant. Mr. R.A.Thorat, Advocate, for the respondent. CORAM: J.H.BHATIA,J. DATE 21 st November,2009. P.C. 1. Heard the learned Counsel. 2. The respondent-Society had filed Suit No. 4870 of 2002 against the appellant/defendant, who is a builder, to execute the conveyance deed of the property as per the terms of the contract under the Maharashtra Ownership Flats Act, 1963. It was the contention of the defendant that he had obtained 2 permission for development of the complete Survey No.281 admeasuring 29883 sq. yards and that if any additional FSI is made available, that will be available only to the builder and he can make construction and sell the flats accordingly. The trial Court, after hearing the parties came to conclusion that as per the terms of the contract, after completion of construction of the buildings, the defendant-builder was to execute the conveyance deed in favour of the Society. The learned trial Court also observed that the development and construction as per the terms of the contract would mean only the buildings for which sanction was already obtained and not for the development of whole of the land which the builder may be having. After perusal of the terms of the contract and the reasons given by the trial Court, I do not find any justification to stay the execution of the decree. Merely because the appeal is admitted. I do not find any justification to grant the stay. 3 Therefore, the Application stands rejected. 3. At this stage, the learned Counsel for the appellant seeks interim stay to the execution of the decree for further four weeks. Ad-interim stay, which is in operation till today, shall continue for further four weeks. (J.H.BHATIA,J.)