1 caf2137-06 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2137 OF 2006 IN FIRST APPEAL NO. 580 OF 2006 Mr. Sharad Vallabhdas Shah .. Applicant V/s. The State of Maharashtra & Ors. .. Respondents .... Ms. Renuka H. Shah for the applicant. Mr. Vipin Kasle i/b. M/s. Ram & Co. for the respondent No.2. .... CORAM : A.S.OKA, J. DATE : JUNE 30, 2011. P.C.: Heard the learned counsel appearing for the applicant and the learned counsel appearing for the second respondent. This is an application for grant of stay of execution and operation of the impugned Judgment and decree. The operative part of the decree read thus: “1] Suit is partly decreed. 2] It is hereby declared that the transfer of the suit flat by defendant No.2 in the name of the Defendant No.1 is illegal. 3] The defendant No.2 is directed to re-transfer the suit flat in the name of the plaintiff in its record. 4] The suit of the plaintiff is perpetual injunction and possession is dismissed. 2 caf2137-06 5] Parties to bear their own costs. 6] Decree by drawn accordingly.” 2. The trial Court has held that the applicant who is the first defendant is in possession of the suit flat. The trial Court has declined to grant relief of decree of possession to the second respondent-plaintiff. Thus, the result of the impugned decree is that though the suit flat will be transfered in the name of the second respondent-plaintiff, the applicant will continue to be in possession. However, during the pendency of the suit, the flat as well as the possession of the applicant will have to be protected. Though no case is made out for grant of stay, a limited protection deserves to be granted to the applicant. Hence, I pass the following order: :: O R D E R :: i. Even if transfer of the suit flat is effected in terms of the decree, the same shall be subject to the final result of the Appeal. ii. Till the disposal of the Appeal, the second respondent (plaintiff) is hereby restrained from dispossessing the applicant from the suit flat without following due process of law. Till the disposal of the 3 caf2137-06 Appeal, the second respondent is also restrained from creating any third party rights in respect of the suit property. iii. The Civil Application is disposed of on the above terms with no order as to costs. (A.S.OKA, J.)