: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1955 OF 2009 IN FIRST APPEAL NO.644 OF 2009 M/s.Suparava Jewels & Properties Pvt. Ltd. ... Appellant V/s. Borivali Parijat Cooperative Hsg. Soc. Ltd. & Ors. ... Respondents Mr.Hiralal Thacker with S.Lakhani for Appellant Mr.A.J. Dholakia with N.A. Dholakia for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: JULY 28, 2009 P.C.: 1. The civil application has been filed for a stay of the decree which directs defendant No.1 i.e. the respondent No.1 herein to “convey to the plaintiff society his right, title and interest in the land and building alongwith the right of way through final plot No.122 to execute all relevant documents therefor in accordance with the agreement executed u/s 4 as per the Town Planning Scheme and as per the sanctioned plan at the cost of the plaintiff society within two months from the date of the order failing which the plaintiffs shall be entitled to get a conveyance executed for and on behalf of defendant No.1 through Court.” 2. In my opinion, the decree need not be stayed except for the words “alongwith the right of way through final plot No.122”. Any right which the society may have in respect of the right of way through final Plot No.122 will be adjudicated in suits which are pending before the City Civil Court, on their own merits. 3. Civil application is disposed of accordingly.