IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CIVIL CIVIL CIVIL APPLICATION NO.05 OF 2007. APPLICATION NO.05 OF 2007. APPLICATION NO.05 OF 2007. IN IN IN SECOND SECOND SECOND APPEAL NO.348 OF 2007. APPEAL NO.348 OF 2007. APPEAL NO.348 OF 2007. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri S.S.Redekar for the Applicant. Shri Gavankar i/by Shri Arfan Sait for the Respondent No.5. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. 14th 14th 14th February, 2008. February, 2008. February, 2008. P.C.: P.C.: P.C.: 1. Heard advocates appearing for the applicant and fifth respondent. It is an admitted position that during pendency of the appeal in first appellate Court, ad-interim injunction was initially granted which came to be vacated and therefore, till the disposal of the appeal in the first Appellate Court there was no interim relief operating in favour of the applicant. 2. Considering the facts and circumstances of the case, the prayers made in this application cannot be granted. It is however obvious that all further transactions in respect of the suit plot and construction which may be carried out on the suit plot will be subject to final outcome of the appeal. Subject to what is stated above, application is rejected. : 2 : Judge. Judge. Judge.