: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.776 OF 2007 WITH CIVIL APPLICATION NO.1082 OF 2007 M/s.Rupji Constructions ..Appellants. Vs. Mrs.Janet Dominic D’Souza & Anr. ..Respondents. Mr.P.Y.Shankar i/b.Mr.Sahin S. Gangan for the Appellants. Mr.Satish Kamat for Respondent nos.1 and 2. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 20TH OCTOBER, 2008 DATED : 20TH OCTOBER, 2008 DATED : 20TH OCTOBER, 2008 P.C. : P.C. : P.C. : This Appeal from Order is entirely without merit. It would indeed have been surprising if the learned Judge had held otherwise. 2. Out of the total consideration of Rs.22,50,000/- the Respondent has paid Rs.20,00,000/-. 3. To date, even the occupation certificate has not been obtained. The question of the Respondent paying the balance therefore does not arise. 4. This point regarding the occupation certificate : 2 : not being obtained, was raised on the previous occasion. Even today, there are no instructions to indicate whether the occupation certificate is granted. Even assuming that the occupation certificate is actually available, the non-communication thereof even to the Court, after the matter was adjourned, would not be a ground for granting any reliefs in the Appellants favour. 5. In fact, even if the occupation certificate is granted or, if any, of the other purchasers have been put in occupation of any premises in the building, it would have been a fit case to put the Respondent in possession pending the hearing and final disposal of the suit without paying any royalty or security even at the ad-interim stage. Liberty to the Respondent/Plaintiffs to mention and seek reliefs in this regard, if necessary. 6. Appeal from Order is dismissed. The Civil Application is also disposed of accordingly. ***