IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 4673 OF 2007 APPLICATION NO. 4673 OF 2007 APPLICATION NO. 4673 OF 2007 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders .................................................... Mr.R.R.Bhosale Mr.R.R.Bhosale Mr.R.R.Bhosale for Applicant for Applicant for Applicant Coram: Coram: Coram: A.S.Oka, J A.S.Oka, J A.S.Oka, J Date: Date: Date: 20th December, 2007 20th December, 2007 20th December, 2007 1. 1. 1. Heard Advocate appearing for Heard Advocate appearing for Heard Advocate appearing for the the the applicant. None appears for applicant. None appears for applicant. None appears for the the the Ist respondent who is the Ist respondent who is the Ist respondent who is the contesting contesting contesting respondent. respondent. respondent. 2. 2. 2. The applicant/appellant is The applicant/appellant is The applicant/appellant is the the the unsucessful plaintiff whose unsucessful plaintiff whose unsucessful plaintiff whose suit suit suit has been dismissed. It is has been dismissed. It is has been dismissed. It is pointed pointed pointed out that there was out that there was out that there was interim interim interim injunction operating in injunction operating in injunction operating in favour favour favour of the applicant during of the applicant during of the applicant during the the the pendency of the suit. pendency of the suit. pendency of the suit. 3. 3. 3. Considering the facts and Considering the facts and Considering the facts and circumstances circumstances circumstances of the case, only a of the case, only a of the case, only a limited limited limited interim relief deserves interim relief deserves interim relief deserves to to to be granted in favour of the be granted in favour of the be granted in favour of the applicant. applicant. applicant. Application is Application is Application is disposed disposed disposed of by passing the of by passing the of by passing the following following following order : order : order : ORDER ORDER ORDER (i) (i) (i) Till the final disposal of Till the final disposal of Till the final disposal of the the the appeal, the Ist respondent is appeal, the Ist respondent is appeal, the Ist respondent is hereby hereby hereby restrained by an order of restrained by an order of restrained by an order of temporary temporary temporary injunction of this injunction of this injunction of this Court Court Court from carrying out any from carrying out any from carrying out any additions additions additions or altertions to the or altertions to the or altertions to the suit suit suit premises without prior premises without prior premises without prior permission permission permission of this Court. of this Court. of this Court. (ii) (ii) (ii) Till the disposal of the Till the disposal of the Till the disposal of the appeal, appeal, appeal, Ist respondent is Ist respondent is Ist respondent is restrained restrained restrained by an order of by an order of by an order of temporary temporary temporary injunction from injunction from injunction from creating creating creating any third party interest any third party interest any third party interest in in in respect of the suit premises. respect of the suit premises. respect of the suit premises. (iii) (iii) (iii) There will be no order as There will be no order as There will be no order as to to to costs. costs. costs. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J)