: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6040 OF 2007 CIVIL APPLICATION NO.6040 OF 2007 CIVIL APPLICATION NO.6040 OF 2007 IN IN IN FIRST APPEAL NO.2485 OF 2007 FIRST APPEAL NO.2485 OF 2007 FIRST APPEAL NO.2485 OF 2007 Arnavaz Percy Cooverji & Anr. ...Applicants V/s. Dr.Noshir Dinshaw Cooverji ...Respondent Mr.Borulkar with Mr.R.M. Kumar, Advocates, i/b. Vailashil, for the Applicants. . Ms.Sukeshi Bhandari, Advocate, for the Respondent. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel appearing for the parties. The applicants are the original defendants. The Appeal is by the applicants for challenging the Decree passed by the Trial Court in the Suit filed by the respondent. The operative part of the Decree reads thus :- "1. The plaintiff is hereby allowed to enter upon and stay in the suit premises. 2. The defendants are permanently restrained from interfering with plaintiff’s joint possession alongwith the defendants after clause (1) becomes operational. 3. The suit is decreed with costs. : 2 : 4. The execution of this decree is stayed till 30th November, 2007." 2. It is an admitted position that during the pendency of the suit filed by the respondent, there was no interim relief granted in favour of the respondent though a prayer was made in that behalf. Now a submission is made that the respondent may be permitted to occupy atleast one room out of the suit premises. 3. Considering the findings recorded by the Trial Court, a case is made out for grant of stay as the applicants are in possession of the suit premises. 4. Hence, Application is disposed of by passing following order :- "O R D E R" "O R D E R" "O R D E R" (a). There will be interim relief in terms of prayer clause (a) subject to condition that the applicants will not create any third party interests in respect of the suit premises and will not part with possession of the suit premises till the final disposal of the Appeal. : 3 : (b). As the parties to the Appeal are senior citizens, hearing of the Appeal is expedited. (c). The Appeal shall be placed on final hearing board as per its turn as and when the same is ready for final hearing. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]