1 caf1980-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.1980 OF 2010 IN FIRST APPEAL NO. 323 OF 2011 K. P. Builders & Anr. .. Applicants V/s. Borivali Shivsagar CHS Ltd. & Ors. .. Respondents ..... Mr. R. A. Thorat for the applicants. Mr. Shishir Joshi for respondent Nos.1 to 3. ..... CORAM : A. S. OKA, J. DATE : APRIL 15, 2011. P.C.:- Heard the learned counsel appearing for the applicants and the learned counsel appearing for respondent Nos. 1 to 3. The applicants are defendants. The operative part of the impugned decree reads thus: “Suit is Decreed with costs in terms of prayer clauses (a) to (f) of the Plaint. Defendants are directed to execute the conveyance of the suit property within the period of three months from today. Defendants are further directed to remove and demolish seven structures from the Suit property within a period of three months from today, failing which the Plaintiff should 2 caf1980-10 be entitled to remove the structure on their own at the costs of Defendant. Defendants are further directed to obtain building completion certificate from BMC within a period of three months from today, failing which the Plaintiff should be entitled to obtain a certificate at their own at the costs of Defendants. Defendants are further directed to render the accounts for the moneys collected by them from the flat purchasers, within a period of three months from today. Decree be drawn accordingly.” 2. The applicants can always execute a conveyance subject to the final outcome of the Appeal. The decree passed in terms of prayer (c) of the plaint will have to be stayed provided the applicant execute the conveyance within a reasonable time. As far as the decree of demolition of structure is concerned, admittedly, the structures are not in possession of the applicants and, therefore, the original plaintiffs will have to take necessary steps for executing that part of the decree and at this stage, no relief is necessary to be granted in respect of the said part of decree. Even the decree as regards obtaining completion certificate need not be stayed. There is a preliminary decree as regards accounts. The said part of the decree need not be stayed. At the appropriate stage, the applicants can make appropriate application as regards the decree for accounts. It is 3 caf1980-10 obvious that as far as the latter part of the decree passed in terms of prayer (f) of the plaint for payment of money is concerned, the same can be executed only after the accounts are taken and hence at this stage, no case is made out for grant of stay. 3. Hence, I pass the following order : :: O R D E R :: i. The application for stay is rejected. However, execution of the conveyance will be subject to final outcome of the Appeal. ii. It is made clear that decree passed in terms of prayer clause (f) of the plaint cannot be executed till the final decree is drawn as regards the accounts. Therefore, at this stage, no stay can be granted to decree in terms of prayer clause (f). iii. The execution of the decree passed in terms of 4 caf1980-10 prayer clause (c) of the plaint will remain stayed subject to condition that conveyance is executed by the applicants within a period of 12 weeks from today. JUDGE