1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.351 OF 2006 IN FIRST APPEAL NO.807 OF 2006 --------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court's Court's or Judge's orders or directions orders and Registrar's orders --------------------------------------------------- Mr.V.J.Hegde,advocate, for the applicant Mr.J.J.Xavier, advocate, for the respondent CORAM : A.S.OKA, J. DATE : 5TH MARCH,2008 P.C. . Heard the advocates appearing for the parties. Order of ad-interim relief in this application reads thus :- ”Heard the learned counsel for the parties. The above Appeal has already been admitted. 2 The Respondent-Corporation has till date, not bothered to file any affidavit-in-reply. Hence, ad-interim stay in terms of prayer clause (a) is granted. S.O. for four weeks.” Prayer (a) of the application reads thus :- “(a) that pending the bearing and the final disposal of the Appeal the Respondents, their officers and agents be restrained by an temporary order and injunction of this Hon'ble Court from in any manner dealing directly with the tenants of the Petitioner in respect of the structures situated on the alternative site, erected pursuant to the 3 letter dated 11/5/2001, being Exhibit E to the Plaint and/or collecting the rent in respect of the structures from the said tenants;” 2. The applicant/original plaintiff had filed a suit for declaration. There is a finding recorded by the Trial Court that the applicant has failed to establish that he is the tenant of the respondent -corporation in respect of alternative land alloted in lieu of land bearing CTS No.625 and that he is the owner of the structures on the said land. A finding has been recorded that the respondent- corporation is the landlord of 4 the original tenants of the appellant. As the landlord and tenant relationship is established between the respondent corporation and alleged tenants, it is obvious that rent is being be collected by the respondent. 3. In the circumstances, there is no reason to grant any interim relief. Even, if, any amount is collected by the respondent corporation, it will be naturally subject to final outcome of the appeal. Subject to what is stated above, no case is made out for grant of interim relief. Application is rejected. 5 (A.S.OKA, J.)