1 caf8-09 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 8 OF 2009 IN FIRST APPEAL NO. 4 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. K. S. Dewal for the applicant. Mr. Bhushan Walimbe for the respondent. ..... CORAM : A.S.OKA, J. DATE : JULY 28, 2011. P.C.: The present applicant is the plaintiff. Plaintiff filed a suit for declaration, possession and injunction. There is a counter claim filed by the respondent-defendant for specific performance. The counter claim has been decreed and the suit filed by the applicant for declaration and injunction has been dismissed. 2. Appeal has been admitted for final hearing where the challenge is to the decree dismissing the suit for declaration and possession. Prayer 2 caf8-09 (b) deserves to be granted till the disposal of the Appeal. Accordingly application is allowed in terms of prayer clause (b). (A.S.OKA, J.)