1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2455 of 2006 IN FIRST APPEAL NO. 1362 of 2007 Municipal Corporation of Gr.Bombay .. Applicant versus Kartar Singh .. Respondent ... Mr.J.J. Xavier for the applicant. Mr.A.G. Bhaktwani for the respondent. CORAM : D.G. KARNIK, J DATED : 25th November 2008 P.C.: 1. Heard counsel for the applicant. None present for the respondent. 2. Application is for stay of an order passed by the City Civil Court. The City Civil Court by paragraph no.3 of its order has restrained the 2 appellant from demolishing the weather shed subject to certain condition. The grant of stay would amount to grant of permission to demolish which would frustrate the very suit of the respondent. This cannot be done at the interlocutory stage in an appeal especially when the respondent has succeeded in the suit. 3. Civil Application is accordingly dismissed. (D.G. KARNIK, J)