-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.3265 OF 2003 APPLICATION NO.3265 OF 2003 APPLICATION NO.3265 OF 2003 IN IN IN FIRST FIRST FIRST APPEAL NO.2130 OF 2006 APPEAL NO.2130 OF 2006 APPEAL NO.2130 OF 2006 The Municipal Corporation of Greater Mumbai ...Applicant vs. Development Credit Bank Ltd. ...Respondent Mr.J.J.Xavier for the Applicant Mr.Rafeeq Peermohindeen a/w Paras Kuhad & Associates for the Respondent CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JANUARY 15,2008. : JANUARY 15,2008. : JANUARY 15,2008. P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. The learned Advocate for the Respondent states that as of today, the Respondent does not intend to create any third party interests in respect of the suit premises. He, however, states that in case the Respondent creates any third party interests, prior notice in writing regarding pendency of this Appeal shall be given to the prospective purchaser. 2. Statement is accepted. Therefore, the first part of the prayer (aa) need not be granted. The second part will have to be granted. Hence, Application is disposed of by passing the following order : i) The statement of the learned Advocate for the Respondent -2- referred to above is accepted. ii) Till the final disposal of the Appeal, the Respondent is restrained from carrying out any alteration or addition to the suit premises without prior permission of the Respondent-Corporation. iii) Parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE