-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3863 OF 2007 IN FIRST APPEAL NO. 1018 OF 2008 IN L.C.SUIT NO. 1549 OF 1997 Municipal Corporation of Gr.Bombay .. Applicant. V/s. 1. M/s. Sterlite Industries (I) Ltd. .. Respondents. and others. --- Mr. J.J. Xevier for the Applicant-BMC. Mr.D.R.Shah for the Respondents. --- CORAM : R. M. SAVANT, J. CORAM : R. M. SAVANT, J. CORAM : R. M. SAVANT, J. DATED : 05TH AUGUST, 2008. DATED : 05TH AUGUST, 2008. DATED : 05TH AUGUST, 2008. P.C.: P.C.: P.C.: 1. By the above civil application, the applicant seeks stay of the judgment and decree dated 16.12.2006 passed by the trial court. By the said judgment the suit filed by the respondents herein came to be decreed. Consequently, the notice issued under section 351 of the M.M.C.Act was held to be illegal, bad in law and set aside. A further relief in the nature of injunction was granted, restraining the officers of the appellant from initiating any action of demolishing the suit structure on the strength of the said notice dated 9.7.1993 and the -: 2 :- demolition order dated 21st February, 1997. 2. Looking to the prayers in the civil application, if the same are allowed, it would amount to allowing the appeal itself at the interlocutory stage. In that view of the matter, interest of justice would be served if pending the above first appeal, the respondents herein are restrained from creating any encumbrance or any third party interests in respect of the suit property and further restrained from carrying out any addition or alterations in the suit structure, without permission of the applicant. 3. Civil application is accordingly disposed of. ( R.M.SAVANT, J.) .....