ash 1 caf-534.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.534 OF 2011 IN FIRST APPEAL NO. 313 OF 2011 Messrs Rajendra Builders & Anr. .. Applicants Vs The Borivali Mangala Co­operative Housing Society Limited & Ors. .. Respondents ­­ Shri D.D. Madon and Nikhil Behl i/by Madekar & Co. for the Applicants. Shri Sameer Bhalekar for Respondent No.1. ­­ CORAM ; A.S. OKA, J DATED : 6TH APRIL, 2011 P.C. . Heard learned senior counsel appearing for the Applicants and learned counsel appearing for the Respondents. 2. The First Appeal has been admitted for final hearing. Therefore, a case is made out for grant of stay. Learned senior counsel appearing for the Applicants states that 13 flats referred to in Clause 4 of the operative part of the decree are in possession of the Applicants. The said flats will have to be kept unalienated till the disposal of the Appeal and the Applicants will have to keep on paying maintenance charges and outgoings in respect of the said 13 flats to the Respondents. It will be the responsibility of the Applicants to maintain the said flats in proper condition. Learned senior counsel appearing for the Applicants ash 2 caf-534.11 prays that permission may be granted to induct licensees in possession of the said flats. However, that relief cannot be granted to the Applicants in this Application as there is no such prayer made. For that purpose, a separate application will have to be filed. Hence, I pass the following order. ORDER (a) There will be interim relief in terms of prayer clause (a) of this Application till the disposal of the Appeal subject to condition that the 13 flats referred to in clause 4 of the operative part of the decree shall be kept unalienated and vacant by the Applicants. (b) Stay is granted subject to further condition that the Applicants shall regularly pay maintenance charges and outgoings in respect of the said 13 flats to the Respondents and that the Applicants shall maintain the said flats in proper condition. (c) As observed earlier, it will be open for the Applicants to take out proper application. If such application is made it will be considered on its own merits. (d) Civil Application is disposed of on above terms. ( A.S. OKA, J )