: 1 : 5150-11-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5150 OF 2011 IN FIRST APPEAL NO. 854 OF 2011 M/s. M.S. Shah Developers Pvt. Ltd. .. Applicants v/s. Gokuldas Ramraya Pai .. Respondent ......... Mr. J. Shekhar i/b M/s. J. Shekhar & Co. for the applicants Mr. S.A. Sawant for respondent ......... CORAM : A.V. NIRGUDE, J DATE : 12th DECEMBER,2011. Not on board. Upon mentioning taken on Board. P.C. : 1. This application seeks stay to the execution of the decree. Similar application was moved earlier but on 8th June, 2011 my learned predecessor rejected the said application passing a speaking order. Paragraph 4 and 5 of the said order are quoted below. “4. Suffice to say that the decree will operate from the date on which the same has been passed. Grant of stay will virtually amount to granting final relief at this stage which in the facts of : 2 : 5150-11-caf=.sxw the case cannot be done. 5. If Municipal Corporation has taken any action against applicant on the basis of the impugned decree in respect of construction carried out prior to passing of the decree, it is for the applicant to challenge the action in accordance with law.” 2. As expected by my learned predecessor, the Municipal Corporation has now taken action against the appellant at the behest of the respondent and as indicated in paragraph 5 quoted above, the appellant rightly challenged such action by filing the separate suit because apparently it is an independent action and separate cause of action for the appellant. The suit is pending and so the appellant can get the relief against the Municipal Corporation who is not party to this appeal on merits. I do not want to make any observation about cause of action in the suit and the orders passed in that suit. But the order quoted above earlier has virtually cut of this litigation from any litigation that would arise between the appellant and the Municipal Corporation. I am, therefore, not inclined to pass any order on this application. Application stands dismissed. (A.V. NIRGUDE, J.)