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.97 OF 2008. APPLICATION NO.97 OF 2008. APPLICATION NO.97 OF 2008. IN IN IN FIRST FIRST FIRST APPEAL NO.134 OF 2008. APPEAL NO.134 OF 2008. APPEAL NO.134 OF 2008. L.K.C Ahmed Mohiddin Kutty ...Applicant Versus Municipal Corporation of Greater Mumbai & Anr. ...Respondents Shri B. Unnikrishnan for the Applicant. Shri J.J.Xavier for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 24th January, 2008. : 24th January, 2008. : 24th January, 2008. P.C.: P.C.: P.C.: 1. Rule. Advocate for the respondent waives service. Taken up for hearing forthwith. As First Appeal has been admitted for final hearing, the suit structure will have to be protected subject to compliance with certain conditions. 2. Hence, application is disposed of by passing following order: (i) There will be interim relief in terms of prayer clause (a) subject to condition of the applicant filing an undertaking in this Court within a period of four weeks from today stating therein that he will not create any third party interest in respect of suit structure and he will not ... 2 ... carryout any additions or alterations to the suit structure without permission of respondent-Corporation. If the undertaking is not filed within the stipulated time, interim relief will stand vacated without further reference to the Court. (ii) There will be no order as to costs. JUDGE JUDGE JUDGE