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.6494 OF 2007 APPLICATION NO.6494 OF 2007 APPLICATION NO.6494 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2861 OF 2007 APPEAL NO.2861 OF 2007 APPEAL NO.2861 OF 2007 Smt.Narsya Vijay Sabra & ors. : Applicants. versus Bombay Housing & Area Development Board Authority : Respondent. Ms.Manjiri Parasnis for the applicants. None for the respondent. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : JUNE 06, 2008. : JUNE 06, 2008. : JUNE 06, 2008. P.C. P.C. P.C. 1. Heard the learned advocate for the applicants at length. None appears for the respondent. 2. The learned advocate for the applicants submits that the applicants are the original plaintiffs and the respondent is the original 2 defendant in S.C. Suit No.5779 of 2004 which was filed by the applicants in the City Civil Court for perpetual injunction restraining the respondent from dispossessing the applicants from the suit premises. It is the contention of the applicants that the trial Court has not properly interpreted the Section 66(1)(b) of the MHADA Act and dismissed their suit. 3. Being aggrieved by the order of dismissal of the aforesaid suit, the applicants have filed this first appeal. The present civil application is taken out in the said first appeal for injunction against the respondent from dispossessing the applicants from their respective tenements. 4. The learned advocate for the applicants submits that the interim relief, which was granted by the trial Court is continued by this Court till today. She therefore prays that this civil application may be allowed in terms of prayer clause (a). 5. The civil application is allowed in terms of prayer clause (a) which reads as under :- "(a) Pending hearing and final disposal of the present First Appeal, the Respondent, 3 their Agents, servants or officers or any other person claiming through or under them be restrained by an order of injunction from dispossessing the Applicants from the suit tenements being tenement No.124/3613 of Applicant No.1, tenement No.115/3363 of Applicant No.2, tenement No.115/3316 of Applicant No.3, tenement No.124/3630 of Applicant No.4, and tenement No.122/3555 of Applicant No.5 admeasuring about 220 sq.feet each situated at Kannamwar Nagar No.II, Vikroli (East), Mumbai - 400 083." The application is disposed of. [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]