1 caf6258-08 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 6258 OF 2008 IN FIRST APPEAL NO. 1764 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Ms. Indrayani M. Koparkar for the applicants. Mr. S. P. Thorat for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 18, 2011. P.C.: Heard the learned counsel appearing for the applicants and the learned counsel appearing for the respondent No.1. The prayer in this application is for stay of the execution and operation of the impugned decree. The relevant part of the decree reads thus: “2. However, MHADA is directed to allot tenements in the reconstructed building to its legal claimants only. 3. MHADA is further directed to enter names of 17 unsuccessful tenants/occupants in the master list with retrospective effect 2 caf6258-08 i.e. from the date of their occupation of the transit accommodation provided by MHADA.” 2. Thus, the direction is to allot tenements only to the legal claimants. Under the impugned decree, even unsuccessful tenants or occupants were protected to some extent. 3. Hence, no case is made out for grant of stay. However, allotment made by the first respondent during the pendency of the Appeal shall be subject to final outcome of the Appeal. 4. Subject to what is observed above, the application is rejected. (A.S.OKA, J.)