IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.5612 OF 2008 IN FIRST APPEAL NO.440 OF 2009 Bhausaheb J. Patil & Anr. ...Applicants. v. Municipal Corporation for Gr. Bombay & Ors. ...Respondents. Mr. Suresh K. Mali , adv. For the Appellants. Mr.Vinod Mahadik, adv. for the Respondent No.1/BMC. Mr.Y.V.Divekar i/by M/s.Divekar & Co., adv. For the Respondent Nos.2 to 4. CORAM : J.H. BHATIA, J. DATED : 29th August , 2009 P.C. 1 Heard the learned counsel for both the sides. 2 The suit of the plaintiffs/applicants has been dismissed by the trial Court after hearing the parties. However, his appeal is admitted. By this application, he seeks stay to the demolition of unit no.1 to be demolished by the respondent no.2 to 4. The learned counsel for the applicants makes a statement that the applicants are residing in unit no.3 of the building while the respondent nos.2 to 4 have obtained permission from the Municipal Corporation for demolition of Unit 1. The learned counsel for the respondents makes a statement that while demolishing Unit 1, care will be taken that Unit 3 is not at all affected. In view of this statement, and the fact that the applicants have no concern with the unit - 2- 1, which is to be demolished, they are not entitled to get any stay in respect of Unit 1. 3 Application stands dismissed. (J.H. BHATIA,J.)