1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3636 OF 2008 IN FIRST APPEAL NO.1289 OF 2008 Sayed Ibrahim Kazi .. Applicants V/s. Maharashtra Housing & Development Authority (MHADA),Mumbai & Ors. ..Respondents Mr.R.R.Arolkar for the Appellant/Applicant. Mr.A.R.Patil i/b.Ms.Manchekar for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 29TH, 2008. P.C. By the above Civil application, the Applicant prays for the following reliefs : “(a) Pending the hearing and final 2 disposal of First Appeal No.1289 of 2008 the Respondent No.1 (MHADA) their Agents, servants or Contractors or any other person or persons on behalf of Respondent No.1 be restrained by an order of injunction from dispossessing the Applicant from the New Transit Camp premises viz.69/514, New Transit Camp, Antop Hill, Wadala, Mumbai 400 037 in any manner whatsoever.” 2. The Applicant is the original Appellant who has filed the above First Appeal challenging the Judgment and decree dated 28th April, 2008 passed by the learned Judge of the City Civil Court, Mumbai. By the said Judgment and decree the suit filed by the Appellant for declaration i.e. the lawful use, occupation, possession of the Transit Camp premises being No.69/514 to New Transit Camp Wadala and for issuance of mandatory direction against the Defendants to hand over the 3 vacant and peaceful possession of New Transit Camp, Antop Hill, Wadala, Mumbai 400 037. The above Appeal has been admitted by this Court, though there are findings recorded against the Appellant above named as regards his right to continue to occupation the Transit Camp accommodation as also his entitlement in the reconstructed building. In view of the fact that the Appellant is residing in the said Transit camp accommodation since the year 1975 and also in view of the fact that the above Appeal against the decree passed by the City Civil Court, Bombay has been admitted, in my view, the relief in terms of prayer clause 'a' would have to be granted as the Appellant cannot be ousted at the interim stage. 3. The Civil Application is therefore allowed in terms of prayer clause 'a'. 4. However, considering the nature of the 4 decree passed and also considering the fact that the Appellant is residing in the Transit Camp accommodation provided by the Housing Board, the hearing of Appeal is expedited and is peremptorily fixed for final hearing in the week commencing 15th December, 2008. 5. The leaned Advocate for the Appellant makes a statement that he would file a private paper book before the said date. In the event, paper book is not filed, the interim stay granted by this order to stand vacated. 6. The Appellant to furnish an undertaking that he would not part with possession or create any encumbrance in respect of the said Transit Camp accommodation pending the disposal of the above Appeal. The said undertaking to be filed within two weeks. 5 7. The Estate Manager is directed to accept the rent of the premises in question as also the arrears without prejudice to the rights and contentions of the Respondent Board in the above Appeal. [R.M.SAVANT, J.]