1 CAF 797 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.797 OF 2011 IN FIRST APPEAL NO.1505 OF 2010 Suresh Hate .. Appellant -versus Sakharam Ganpat Sawant and anr .. Respondents. Mr. Suresh Mali, for the appellant. Mr. Ravindra Kachare for the respondent No.l. Ms. K.K. Soraan, for respondent NO.2. CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. Heard learned counsel appearing for the parties. The applicant has been dispossessed in execution of the impugned decree. When the execution was carried out, there was no interim relief granted by this Court. Hence the prayer for restoration of possession cannot be considered at this stage when the appeal is not finally decided. 2. As far as prayer (a) is concerned, no relief can be granted as the decree has already been executed. 3. As far as prayer (b) is concerned, it must be noted first respondent (original plaintiff) is the tenant of the Municipal Corporation. Only a limited relief which deserves to 2 CAF 797 OF 2011 be granted is that the second respondent who admittedly is landlord will not transfer the tenancy without prior permission of the Court. Hence Civil Application is disposed of by passing following order. ORDER I) Prayer clauses (a) to (c) are rejected. II) The second respondent shall not transfer the tenancy in respect of the suit premises to any third party without prior permission of the Court. III) Civil Application No.3781 of 2010 does not survive in view of the execution of the decree. (A. S. OKA, J.)