ash 1 caf-3400.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3400 OF 2011 IN FIRST APPEAL NO.1277 OF 2003 M/s. Sarvodaya Builders Pvt. Ltd. .. Applicants. Vs Girdharilal Dindayal Agarwal & Anr. .. Respondents -- Shri R.S. Apte, Sr. Counsel along with Ms Dipti Shah i/by M/s.Tamhane & Co. for the Applicants. Shri Y.R. Shah for Respondent Nos.1 and 2. -- CORAM ; A.S. OKA, J DATED : 26TH AUGUST, 2011 P.C. . Heard learned Senior Counsel appearing for the Applicants and the learned counsel appearing for the first and second Respondents. The first and the second Respondents are the original Defendant Nos.1 and 2. There is a decree for possession passed in favour of the Applicants/Plaintiffs in respect of the suit land admeasuring 450 sq. meters. The Appeal has been admitted for final hearing and after hearing the Advocate for the Applicants on 9th October, 2003, the interim relief of order of status quo was passed. 2. Prayers (a) and (b) in this Application read thus:- ash 2 caf-3400.11 “(a) that the order dated 09/10/2003 passed by this Hon’ble Court granting status quo in the matter may be modified and the Applicants be allowed to develop the said property after depositing market value of property admeasuring 450 sq. mtrs. on such terms and conditions as this Hon’ble Court may deem fit. (b) necessary orders as regarding investment and reinvestment of the money deposited by the Applicants be made.” 3. As stated earlier, a substantial appeal against the decree has been admitted and there is an interim order of status quo which has the effect of staying the decree for possession. The relief prayed in this Application, which is of a drastic nature, cannot be granted. Grant of such relief will virtually amount to granting final relief. 4. The learned senior counsel appearing for the Applicants prays for fixing an early date of hearing of this Appeal. The Appeals from the years 1991-1992 are pending in this Court for final hearing. Therefore, as of today, no priority can be given to the Appeal of the year ash 3 caf-3400.11 2003. 5. Hence, the Application is rejected. ( A.S. OKA, J )