1 75-caf.3545.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 3545 OF 2011 IN FIRST APPEAL NO. 1011 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. V.P.Patankar for the Applicant. Mr. Rajeev Matkar for the Respondent. CORAM : A.S.OKA, J. DATE : 14 th October, 2011. P.C. . Heard the learned counsel appearing for the parties. 2 As far as clauses (ii) and (iii) of the operative part of the impugned decree are concerned, the order dated 18 th/21 th June, 2008 passed in the notice of motion taken out by the Respondent during the pendency of the suit shows that the Respondent is in possession of the parking space. The said order has been confirmed in the appeal from order with a modification by directing the Respondent not to alienate, encumber, part with possession or create 2 75-caf.3545.11 third party rights in respect of the parking area. Therefore, the prayer for stay of clauses (ii) and (iii) cannot be granted. Similarly prayer clause (b) cannot be granted in view of the decree passed and interim order operating during the pendency of the suit. As far as clause (iv) of the operative part of the impugned decree is concerned, if the operation of the same is stayed, it will virtually amount to granting final relief at this stage. 3 Hence, the application is disposed of by passing the following order: “The prayer clauses (a) and (b) are rejected. However, the interim order in terms of clause (6) of the order dated 26 th November, 2008 passed by this Court in Appeal from Order No.776 of 2008 shall continue to operate till the final disposal of the appeal.” [ A.S.OKA, J ]