1 caf2438-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.2438 OF 2010 IN FIRST APPEAL NO. 931 OF 2010 Manohar Shamrao Gandre .. Applicant V/s. The Municipal Corporation of the city of Thane & Anr. .. Respondents ..... Mr. C. P. Deogirikar for the applicant. Mr. Mandar Limaye for respondent No.1. Mr. K. S. Dewal for respondent No.2. Mr. Rahul Singh i/b. Mr. Rajesh Behere for respondent No.3 in Civil Application No.2439 of 2010. ..... CORAM : A. S. OKA, J. DATE : MARCH 25, 2011. P.C.:- Heard the learned counsel appearing for the parties. Prayer (a) and (b) cannot be granted as the prayers are in the nature of final relief. The said reliefs cannot be granted after the suit filed by the applicant has been dismissed. The learned counsel appearing for the applicant states that the structure admeasuring 200 square feet on the ground floor is in existence, but the rolling shutter has been removed. The learned counsel appearing for the second respondent states that the said 2 caf2438-10 structure on the ground floor is not authorized. He states that the walls are in existence. He further states that the walls are in existence but the rolling shutter has been removed. The learned counsel appearing for the second respondent states that the application for permission is pending with the first respondent but the society has objected to it. 2. Till the disposal of the Appeal, the second respondent will have to be restrained from parting with possession of the suit structure on the ground floor. 3. The learned counsel appearing for the second respondent states that there are orders passed by the Consumer Redressal Forum under which the second respondent has been directed to execute conveyance in favour of the Co-operative society. However, there is nothing on record to show that a direction has been issued to hand over the possession of the structure admeasuring 200 sq. feet to the society. In case such direction is issued, the second respondent can always apply for modification of this order. 4. Hence, the Civil Application is disposed of by passing the following order : 3 caf2438-10 :: O R D E R :: i. Prayer clauses (a) and (b) are rejected. ii. Second respondent is restrained from parting with possession of the structure admeasuring 200 square feet situated at the ground floor till the final disposal of the Appeal. iii. It will be open for the respondent No.2 to apply for modification of this order. iv. It is also clarified that this order will not come in the way of execution of any order passed by the Consumer Redressal Forum as regards the execution of conveyance in respect of the larger property. JUDGE