-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.692 OF 2001 APPLICATION NO.692 OF 2001 APPLICATION NO.692 OF 2001 IN IN IN SECOND SECOND SECOND APPEAL NO.553 OF 2001 APPEAL NO.553 OF 2001 APPEAL NO.553 OF 2001 Mrs.Asha Madan Sancheti ...Applicant vs. Smt.Yamunabai Sadashiv Gokhale & Ors. ...Respondents Mr.A.V.Anturkar for the Applicant Mr.S.M.Gorwadkar for Respondent Nos.2A to 2C. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 4, 2008. : MARCH 4, 2008. : MARCH 4, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the Advocate for the Respondent Nos.2A to 2C. A limited prayer in this application is for stay of operation and execution of the clause (5) of the operative part of the decree passed by the Appellate Court. 2. The operative part of the decree passed by the Appellate Court reads thus : "1) The appeal is partly allowed. 2) The judgment and decree passed by the trial court is partly modified. 3) The order of trial court with respect to perpetually -2- restraining the defendants from obstructing the development work of the suit property by the plaintiff, is hereby set aside. 4) The order of trial court with respect to decreeing the suit for psecific performance of agreement of sale dated 1/5/1982 is maintained with addition that the plaintiff and defendant No.1 should strictly follow the conditions incorproated in the agreement of sale dated 1/5/1982. 5) The plaintiff should deliver the defendant No.1 the possession of block at the first floor from the construction at CTS No.286 + 287A, Narayan Peth, Pune to the extent of 841.08 sq.ft. within 90 days from today." 4. Though a case is made out for grant of stay as prayed, it is obvious that in view of the order of stay, the Applicant will not be entitled to execute of the decree for specific performance passed by the Appellate Court. 5. Hence, I pass the following order : i) There will be interim relief in terms of prayer clause (a) subject to the condition that the Applicant will not create any third party interests in respect of the flat on the first floor of the building in question. -3- ii) It is made clear that as a result of grant of stay in favour of the Applicant, the impugned decree is no longer executable and therefore, the Applicant will not be entitled to enforce the decree of specific performance till the final disposal of the Second Appeal. iii) There will be no order as to costs. JUDGE JUDGE JUDGE