:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.589 OF 2006 CRIMINAL APPLICATION NO.589 OF 2006 CRIMINAL APPLICATION NO.589 OF 2006 IN IN IN CRIMINAL APPEAL NO.1012 OF 2005 CRIMINAL APPEAL NO.1012 OF 2005 CRIMINAL APPEAL NO.1012 OF 2005 Shrinivas Pannalal Shivhare ...Applicant. v. The State of Maharashtra & Ors. ...Respondents. Mr.Girish Kulkarni , adv. for the Applicant. Mr.A.S.Shitole, APP for the Respondent/State. CORAM: CORAM: CORAM: R.V.More,J. R.V.More,J. R.V.More,J. DATE: 13th February, 2009. DATE: 13th February, 2009. DATE: 13th February, 2009. P.C. P.C. P.C. 1. Heard Mr.Girish Kulkarni the learned counsel for the applicant and Mr.Shitole learned APP for the State. 2. Application is taken out for de-sealing and removing seal put on the suit properties being Office No.4 known as Business Plaza situated at Chikhal Wadi Road, Tulsi Wadi, Mumbai-400 034 and further permission to the applicant to use and occupy the suit properties subject to the result of the appeal. 3. Criminal Appeal No.1012 of 2005 is filed under Section 11 challenging the legality of the order dated 13.5.2005 passed in Miscellaneous Application No.91 of 2004. By this application, the applicant claimed similar reliefs under Section 9 of the M.P.I.D. Act :2: before Designated Judge, M.P.I.D. Court, Greater Bombay. Appeal is already admitted. It is observed by the learned Designated Judge in paragraph 12 of the impugned order that neither the appellant nor his predecessor in title can claim ownership of the suit premises on the basis of unregistered documents. Mr.Kulkarni submitted that constitutional validity of the M.P.I.D. Act is already set aside by the Full Bench. However, the Government has approached the Apex Court and the Special Leave Petition is pending. Be that as it may, reliefs claimed in the application are mandatory in nature. If the same are granted, it will amount to setting aside the impugned order at the admission stage. 4. In the result, application stands rejected. (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.)