1 Caf-3957.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 3957 OF 2010 IN FIRST APPEAL NO. 1535 OF 2010 M/s. Nirmit Developers. .. Applicant. Vs Haji Mohammed Hanif & Ors. .. Respondents -- Shri Y.M. Chaudhari i/by Kejal Kamdar for the Applicant. Shri Sagheet Khan with Shri Vaibhav Nagrekar i/by Judicature Law & Associates for Respondent Nos.1(a) to 1(f). Shri P.G. Lad for Respondent No.2. -- CORAM : A.S.OKA, J. DATE : 20TH JANUARY, 2011 P.C: . Heard Learned counsel appearing for the parties. The operative part of the impugned decree reads thus:- “Suit is partly decreed with proportionate cost. Defendant nos. 1 & 2 shall allot residential accommodation of 315 sq. ft. to the Plaintiff within the period of six months from today and put him in possession of it. Defendant nos.1 & 2 shall allot and put the Plaintiff in possession of shop premises admeasuring 229 sq. ft. within six months from today.” 2. Learned counsel appearing for the Applicant on instructions states that without prejudice to the rights and contentions of the Applicant, 2 Caf-3957.10 he will hand over possession of a residential tenement admeasuring 280 sq. ft. to Respondent Nos.1(a) to 1(f) within a period of one week from today. The statement is accepted. The Respondent Nos.1(a) to 1(f) will take possession of the said residential premises without prejudice to their rights and contentions in the appeal. 3. In view of the aforesaid statement, the first part of the decree for possession as regards the residential accommodation will have to be stayed. As far as the second part of the decree is concerned, this Court had suggested that subject to the Applicant securing claim of the original Plaintiff, the second part of the decree regarding shop premises can be stayed. One way of securing the claim is to keep a shop premises admeasuring 229 sq. ft. unalienated or to deposit in the Court market value of the shop premises as on the date of the decree. Learned counsel appearing for the Applicant on instructions of the Applicant states that the Applicant does not have any shop premises which can be kept unalienated. Learned counsel also states that the Applicant is unable to deposit the market value of the shop premises on the date of the decree and he is in a position to deposit only a sum of Rs.20 lakhs. This amount is much less than the market value of the shop. 4. As the Applicant is unable to secure the claim of the original Plaintiff as regards the shop premises, no interim relief can be granted as far as that part of the decree is concerned. Hence, the application is disposed of by passing the following order. 3 Caf-3957.10 ORDER (i) Statement of the learned counsel appearing for the Applicant as regards handing over of the residential premises which is recorded above is accepted. In view of this statement, there will be stay of execution and operation of the decree for possession as regards the residential accommodation. (ii) In the event, the statement is not complied with, it will be open for the original Plaintiff to apply for vacating the stay. (iii) The prayer for grant of stay as regards the remaining part of the decree is rejected. (A.S.OKA, J)