-1- 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.2595 OF 2007 APPLICATION NO.2595 OF 2007 APPLICATION NO.2595 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2652 OF 2007 APPEAL NO.2652 OF 2007 APPEAL NO.2652 OF 2007 Municipal Corporation of Greater Bombay ...Applicant vs. Mohammed Khalid Khan ...Respondent Mr.J.J.Xavier for B.M.C. Ms Prachi Tatke h/f Mr.R.A.Thorat for the Respondent CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. The prayer for stay cannot be granted. Considering the nature of the impugned decree, Application is disposed of by passing the following order : i) Till the disposal of the Appeal, the Respondent is restrained from creating third party interests in respect of the suit structure and from parting with possession of the suit structure. ii) The Respondent is also restrained from carrying out any additions or alterations to the suit structure without prior permission of this court. iii) There will be no order as to costs. -2- JUDGE JUDGE JUDGE