1 caf1654-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 1654 OF 2011 IN FIRST APPEAL NO. 859 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. J. M. D'Silva for the applicant. Mr. Vinod Mahadik for respondent – BMC. Mr. H. R. Pawar for respondent Nos.1 to 3. ..... CORAM : A.S.OKA, J. DATE : AUGUST 3, 2011. P.C.: Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents. 2. Clause (2) of the impugned decree reads thus: “(2) It is hereby declared that the Deft. No.1 does not have any right and interest in respect of the suit premises viz. Shop No.5 admeasuring about 105 sq. ft. on the ground floor of Building No.4, 'E' Wing, Lalbaugch Raja Co-op. Housing Society Ltd., Ganesh Nagar, Lalbaug, Mumbai-400 012. Therefore, Deft. No.1 is hereby directed to hand over the 2 caf1654-11 possession of the suit premises to the plaintiffs within two months from today.” 3. Attention of this Court is invited to the statements made in paragraph No.19 of the cross-examination of the applicant. The applicant has stated thus: “I am residing in room No.5 of 'H' Wing. I have no objection to allot the room No.5 of 'E' Wing to anyone.” 4. The aforesaid admission makes it very clear that the applicant is in possession of room No.5 of ‘H’ Wing and he is not claiming to be in possession of the suit premises being Shop No.5 in ‘E’ Wing. It is obvious that there is no decree for possession against the applicant in respect of Room No. 5 in ‘H’ Wing and, therefore, the applicant cannot be dispossessed from Room No. 5 in ‘H’ Wing. In view of this position, no case is made out for grant of stay to the decree for possession. Application is accordingly rejected. (A.S.OKA, J.)