1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1499 OF 2008 IN A.O.NO.1228 OF 2009 WITH C.A.NO.339/2009 IN A.O.NO.228 OF 2009 Ganesh Velgi Patel. ..Applicant. Vs. M/s.Shree Krishna Trading Co. and ors...Respondents. Mr. Peri Modi i/by M/s.N.C.Dalal & Co. for the Applicant. Mr.V.A.Thorat, Sr. Counsel i/by T.N.Tripathi for the Respondent No.1. CORAM : R.S. MOHITE, J. DATE : 16/10/2009 PC : 1 This is a civil application filed for stay of order dated 17.10.2008 passed by the Civil Judge, S.D., Panvel below Exh.5 in Special Civil Suit No.255/2008 which restrained the appellant, its agents, servants from carrying out the construction activities and for transferring the suit property to third party. It is seen that no interim relief was granted in the civil 2 application and only rule was issued on 4.3.2009. In my view, grant of stay may prejudice the rights of the plaintiffs in the suit. The appellant can only succeed if he can indicate at the final hearing of the appeal that the plaintiffs have no case. In my view, it will not be proper to grant stay of injunction against the construction during the pendency of the appeal. Hence, civil application is rejected. However, according to the applicant, entire project has been stalled. Hence, hearing of the appeal is expedited and the same may be added to the final hearing board in the week commencing from 16.11.2009. Civil application is disposed off. C.A.NO.339 OF 2009 IN A.O.NO.228 OF 2009 1 This is a civil application taken out by the original defendant Nos. 2 to 7 against the original plaintiff No.2 and original defendant No.7 and 8. The developer has filed a separate appeal and had taken out 3 a Civil Application No.1499 of 2008 seeking same reliefs as hass been sought by the present applicants. In my view, since civil application filed by the developer being CA No.1499 of 2008 has not been granted, such relief cannot be granted in this application also. Civil application stands disposed off. However, since the appeal is against the same order as is impugned in A.O.No.1228 of 2008, this appeal be also added to the final hearing board in the week commencing from 16.11.2009. ( R.S.MOHITE, J. )