pvr １ nm2119-a128-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2119 OF 2011 IN APPEAL NO.128 OF 2011 IN NOTICE OF MOTION NO.2039 OF 2009 IN SUIT NO.1014 OF 2009 1.Ms.Bina Thakurdas Phulwar & Ors. ...Appellants vs. 1.Mrs.Draupadi Venkat Narayan ...Respondent --- Mr.Kamal Khata i/b. Hiren Mehta, for Appellants. Mr.D.H.Mehta i/b. M/s.V.Mehta & Associates, for Respondent. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 23rd August,2011. P.C.:- 1. By this appeal, the defendant in civil suit challenges the order of temporary injunction passed by the learned Single Judge whereby the pvr ２ nm2119-a128-11 defendant is restrained from parting with possession of the suit property which is in possession of the defendant and the defendant is also restrained from creating any third party rights. The appeal of the defendant against that order is admitted. By this notice of motion, the defendant is seeking stay of operation of that order. If order staying operation of that order is made, the appeal itself may become infructuous, in case taking advantage of the interim order of stay the defendant transfers the property or part with the possession. Therefore, such an interim order cannot be made. Notice of motion is, therefore, disposed of. The appellants are directed to pay cost of this notice of motion to the plaintiff. The cost is quantified at Rs. 25,000/-. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)