ash 1 caf-2389.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO. 2389 OF 2011 IN FIRST APPEAL NO.1342 OF 2011 Balaram Ganpat Bhoir. .. Applicant. Vs Ramchandra Lahrumal Rajwani & Others. .. Respondents -- Shri Rajiv Patil i/by Shri S.S. Punde for the Applicant. Shri Atulkumar B. Deshkar for Respondent Nos.1 to 4. -- CORAM ; A.S. OKA, J DATED : 26TH AUGUST, 2011 P.C. . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent Nos.1 to 4. 2. The Respondent Nos.1 to 4 are the Plaintiffs. The building permission granted to the Respondent Nos.1 to 4 by the Municipal Corporation was revoked and therefore, a suit was filed by the Respondent Nos.1 to 4 for declaration of illegality as regards the order of revocation. The operative part of the impugned judgment and decree reads thus:- “Suit is decreed with cost. It is hereby declared that the revocation of the construction permission by the defendant no.1 in respect of the property bearing Survey No.13, Hissa No.8 situate at Chikanghar, Kalyan is illegal. ash 2 caf-2389.11 The defendant no.1 is restrained from demolishing the suit property without following due procedure of law. Decree be drawn accordingly.” 3. The Appeal is preferred by the second Defendant. The submission of the Respondent Nos.1 to 4 is that there is no merit in the case of the Appellant as he has no right in respect of the suit property on which the building has been constructed. 4. The Appeal has been admitted. It is true that a wider prayer has been made for stay of the decree which cannot be granted. However, during the pendency of the Appeal, the Respondent Nos.1 to 4 cannot carry out any construction on the basis of the permission which was revoked. 5. Even Prayer (b) cannot be granted. However, Respondent Nos.1 to 4 can create third party rights in respect of the existing building or any part thereof and put the third parties in possession thereof only after informing the third parties about the pendency of Appeal. The creation of third party rights and the action of parting with possession will be subject to final outcome of the Appeal. 6. Hence, I pass the following order: ash 3 caf-2389.11 ORDER: (i) Till disposal of the Appeal, the Respondent Nos.1 to 4 are restrained by an order of temporary injunction from carrying out construction on the suit property on the basis of the permission dated 7 th August, 1997. (ii) Even if the Respondent Nos.1 to 4 propose to create third parties rights in respect of the existing building or any part thereof and propose to put the transferees in possession, the Respondent Nos.1 to 4 shall inform the transferees about the pendency of the Appeal; (iii) Creation of third parties rights by the Respondent Nos.1 to 4 and action of parting with possession will be subject to the final outcome of the Appeal. (iv) The Civil Application is disposed of on above terms. ( A.S. OKA, J )