1 Caf-4426.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4426 OF 2010 IN FIRST APPEAL NO. 1755 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Joquiam Reis along with Shri Rohan Yagnik i/by M/s. Markand Gandhi & Co. for the Applicants. Dr. D.R. Talankar i/by Pranali P. Suryaji for the Respondent. -- CORAM : A.S.OKA, J. DATE : 27TH JANUARY, 2011 P.C.: . Learned counsel appearing for the Applicants states that the Applicants do not intend to carry out any construction on the property subject matter of the dispute. The statement is accepted. Appeal has been admitted. Learned counsel appearing for the Respondent states that the Respondent is not willing to take a lease as per the offer of the Applicants recorded in the order dated 18th January, 2011. Learned counsel appearing for the Respondent submits that there are various admissions 2 Caf-4426.10 on record which will show that the Applicants are obliged to execute a regular conveyance. The First Appeal has been admitted for final hearing, and therefore, clause (ii) of the operative part of the decree cannot be allowed to be executed especially when the Applicants have made a statement that they do not intend to carry out any construction. 2. There will be interim relief in terms of prayer clause (a) confined to clause (ii) of the operative part of the impugned judgment and decree. 3. Hearing of the Appeal is expedited. (A.S.OKA, J)