1 56caf-2548.09 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2548 OF 2009 IN FIRST APPEAL NO.585 OF 2001 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Vishal V. Kanade i/by Jai V. Kanade for the Applicants. Shri N.J. Patil for the Respondent. -- CORAM : A.S.OKA, J. DATE : 24TH MARCH, 2011 P.C.: . After hearing both the parties, order of status quo was passed by this Court on 15th September, 2004 in Civil Application No. 3150 of 2001. The prayer in this application is based on the alleged subsequent events. It is contended that 1st to 7th Respondents are not regularly residing in the room in their possession. It is submitted that the building is in dilapidated condition and it may collapsed. Learned counsel appearing for the Applicants submitted that the Applicants may be permitted to sell the property subject to furnishing bank guarantee in the sum of Rs.5 lakhs. 2 56caf-2548.09 2. The Appeal has been admitted for final hearing. Prayer (c) cannot be granted inasmuch as on furnishing bank guarantee, the suit property cannot be permitted to be sold during the pendency of Appeal. The issue of title to the said property is to be decided in the Appeal. Prayers (a) and (b) cannot be granted as the Applicants were heard before passing the order of status quo. If the condition of the municipal house no. 229A is dilapidated, it is obvious that the 1st to 7th Respondents are occupying the same at their risk. 3. Subject to what is observed above, no case is made out for grant of interim relief. Application is rejected. (A.S.OKA, J)