35ca879-11.sxw 1 spb THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 879 OF 2011 IN S.A.NO. 647 OF 1995 Shri Amarchand Mukunddas Katareia Kiran Rajmal Kataria, since deceased through L.Rs. : 1. Anneta Kiran Katariya & Ors. ... Applicants. V/s. Shriram Sadashiv Dhamankar (Died) Shrikrishna Sadashiv Dhamankar(Died) 1. Krishna Sadashiv Dhamankar & Ors. ... Respondents. --- Ms. Aneeta Kiram Kataria, the Applicant No.1- in- person. Mr. M.M.Shatye for the Respondent Nos. 1 and 2. Ms. V.s.Mhaispurkar, AGP for Respondent No.3. --- CORAM:- G.S. GODBOLE, J. DATED :- 29TH SEPTEMBER, 2011. P.C. : 1 By this Civil Application, the following relief has been prayed for (a) By an appropriate order of this Hon’ble Court, the Opponent 3 and 4 be asked to give alternate plot in the same area or to pay compensatory costs as per the prevailing market value for acquiring the total plot of the Applicant.” 2 Second Appeal arose out of the Decree passed in RCS No. 19/1974 35ca879-11.sxw 2 which had been filed by the deceased -Shriram and Shrikrishna. No Counter Claim has been filed in the Suit. The Trial Court dismissed the suit on 30th November, 1987. Civil Appeal No. 352 / 1988 filed by the original Plaintiffs was allowed by the impugned Judgment and Order dated 11.7.1995 and the suit was partly decreed. Against this Decree, the original Defendant No.3 has filed the Second Appeal and the Applicants are his heirs. 3 Thus the prayer in this Civil Application is made at the behest of the heirs of original Defendant No.3 cannot be granted since it is well settled that the interim order can be granted only in aid of the final relief which can be granted in the substantive proceedings. In this case, even if the Applicant succeed in the Second Appeal, all that can be done is that the Decree passed by the Appellate Court in favour of the original Plaintiff can be reversed or modified or the suit can be dismissed. The relief prayed for by this Civil Application is, therefore, not a relief which can be said to be in aid of the substantive relief which can be granted in the main proceedings. 4 Hence, this Civil Application is not maintainable and the same is rejected. [G. S. GODBOLE, J.] 35ca879-11.sxw 3