Ast 1 caf5060.07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5060 OF 2007 IN FIRST APPEAL NO.1570 OF 2008 Shri Krishankumar K. Ashar. ....Applicant. Vs. The Municipal Corporation of city of Thane & Anr.....Respondents Mr.K.S.Dewal, Advocate for applicant. Mr.Mandar Limaye i/b. Mr.R.S.Apte for Respondent No.2. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JUNE 9, 2010 P.C. 1. By this application, the Appellant is praying for stay of operation of the Judgment and Decree dated 20th August, 2001 passed in special Civil Suit No. 505 of 1986. As the appeal is admitted, in the interest of justice, interim relief as prayed for, deserves to be granted. That however, will be on condition that the Appellant shall not part with possession of the suit premises in any manner until final disposal of the appeal. Besides, the Appellant shall not create third party rights, title or interest in the said property during the pendency of the appeal. The appellant through Counsel undertakes to abide by the above arrangement. Ast 2 caf5060.07.sxw That assurance is accepted. 2. The above interim arrangement will be on further clear understanding that in the event, the appellant fails in the present appeal he would be liable to make good mesne profit to the respondent Corporation for the relevant period and further amount as may be ordered by the Court including alongwith interest, if any. Application disposed of on the above terms. 3. We place on record that the parties are still willing to consider proposal given on the earlier occasion as noted in order dated 11th June, 2009. Counsel appearing for the Appellant on instruction states that the proposal is to the effect that the Appellant would provide free of cost constructed building on the plot admeasuring around 2000 sq.ft. Carpet area on the plot to be offered by the Corporation and shall not claim any interest in the structure in any manner thereafter whatsoever. (A.A.SAYED, J) (A.M.KHANWILKAR, J)