1 CA No.1039/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1039 OF 2010 in FIRST APPEAL NO. 800 F 2009 Krishna Narsa Reddy ...Applicant/ Appellant vs. The Maharashtra Housing and Area Development Authority ...Respondent Mr.Nusrat Shah with Ms.Pervin D. Contractor, Mr.A.K. Gupta, Ms.Ema Almeida, Mr.Sayaed Zia i/b. Mr.V.A. Almeida for the Applicant/Appellant. Mr.P.G. Lad for the Respondent. CORAM : B.R. GAVAI, J. DATED :AUGUST 27, 2010 P.C. :- 1 By present application, the applicant prays for an order of injunction restraining the respondent from allotting the suit premises i.e. shop no.1, Ground Floor, 4 th Marine Street, Dhobhi Talao, Mumbai, or from parting possession of the 2 CA No.1039/2010 premises. It is the contention of the applicant that he was occupier of the premises, in question and as such under the provisions of Section 94(5) of the MHADA Act, 1976, he is entitled to allotment on re- consturction of the premises by MHADA. 2 The suit filed by the present applicant has been rejected by the learned trial court by giving finding that he has failed to make out a case for grant of relief. Admittedly, there was no order of injunction during the pendency of that suit. In that view of the matter, I am not inclined to grant injunction. However, it is made clear that the allotment, if any, by the respondent MHADA shall be subject to the result of the First Appeal. 3 It is further made clear that in case, the applicant makes an application to the MHADA for allotment of the premises, the pendency of the present First Appeal would not come in the way of 3 CA No.1039/2010 respondent-MHADA in considering the application of the applicant on its own merits. 4 Application is disposed of. (B.R. GAVAI, J.)