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.263 OF 2005. APPLICATION NO.263 OF 2005. APPLICATION NO.263 OF 2005. IN IN IN SECOND SECOND SECOND APPEAL NO.481 OF 1999. APPEAL NO.481 OF 1999. APPEAL NO.481 OF 1999. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri Tanaji Mhatugde for the Applicant. Shri Vivek Salunkhe for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 14th MARCH, 2008. : 14th MARCH, 2008. : 14th MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard advocates appearing for the parties. The Second Appeal is already admitted for final hearing. Hence, prayer for stay will have to be granted. Accordingly, application is disposed of by passing following order: (i) Till the final disposal of the Second Appeal, the decree for removal of construction and possession will remain stayed subject to condition that the applicant will not create any third party interests in respect of the suit property and that the applicant will not part with possession of the suit property in favour of any third party. (ii) There will be no orders as to costs. Judge. Judge. Judge.