1 caf2495 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2495 OF 2010 IN FIRST APPEAL NO.850 OF 2010 Krishna Ganpat Thakur & Anr. ...Applicants vs. M/s.M.K.Builders & Ors. ...Respondents Mr.M.P.Rege i/b M/s.M.P.Rege & Co.for the applicants Mr.Sandesh D. Patil for the respondent no.1 CORAM : A.S.OKA,J. DATE : OCTOBER 19, 2011 P.C.: 1 Heard the learned counsel for the applicants and the learned counsel for the first respondent. This application was repeatedly adjourned to enable the parties to amicably settle the matter. However, the settlement is not arrived at. 2 The appeal has been admitted for final hearing. The decree has been passed in favour of the first respondent for declaration that the agreement and power of attorney dated 18 th August 2003 as well as Supplementary agreements dated 18 th August 2003 and 21 st April 2006 are valid and subsisting. The decree for possession has been passed in terms of the clause (4) of the operative part of the decree. Before the appeal could be filed, the decree for possession was executed and the first respondent has been placed in possession. After the first respondent was placed in possession, he demolished 2 caf2495 the building Kalpana Niwas thereon consisting of ground plus two upper flours. This is an application for interim relief of stay as well as injunction. 3 I have perused the application as well as affidavits on record. I have heard the learned counsel for the parties. 4 It appears that the first respondent has obtained possession of the premises possessed by the tenants in the building Kalpana Niwas. Now, the tenants will have to be accommodated. Therefore, a workable arrangement will have to be made during the pendency of the appeal which has been admitted for final haring. 5 Hence, application is disposed of by passing the following order : i) During the pendency of the appeal it will be open for the first respondent to construct a building on that portion of the suit property where the building Kalpana Niwas was in existence. While constructing the building, it will be open for the first respondent to utilise the FSI only to the extent to which the FSI was consumed by the building Kalpana Niwas. No additional FSI shall be consumed by the first respondent till further orders. No other construction shall be carried out by the first respondent till further orders. The first respondent shall not demolish the other structures standing on the suit property till 3 caf2495 further orders. ii)It will be open for the first respondent to induct the tenants who were occupying the premises in the building Kalpana Niwas in the newly constructed building to be constructed in place of Kalpana Niwas. Before inducting the tenants in the premises in the newly constructed building, the first respondent shall inform the tenants in writing that the allotment of the premises to them shall be subject to final outcome of the appeal. iii)Till further orders, the first respondent is restrained from creating third party rights in respect of the premises in newly constructed building and from transferring the premises in newly constructed building to any third parties except to tenants, without prior permission of this Court. iv)If any such application seeking the permission of the Court is made by the first respondent, the same shall be considered by this Court on its own merits. v) It is made clear that save and except the interim relief as above, no other prayer in this application has been granted. vi)Hearing of the appeal is expedited. vii)Application is disposed of. JUDGE