: 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 CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.402 OF 2008 IN NOTICE OF MOTION NO.875 OF 2007 IN L.C. SUIT NO.887 OF 2007 WITH CIVIL APPLICATION NO.474 OF 2008 Babulal Hajarimal Chohan & Ors. ..Appellants. Vs. Sandeep Vimal Jain & Ors. ..Respondents. Mr.D.D.Madon, Senior Counsel with mr.Yadunath Choudhari for the Appellants. Ms.Deepa Ahuja i/b.M/s.Arun Sapkal & Co. for Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 3RD JUNE, 2008 DATED : 3RD JUNE, 2008 DATED : 3RD JUNE, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. I am not inclined to interfere with the impugned order in its entirety. However, the rights of all the parties are required to be protected pending the hearing and final disposal of the suit. 3. The order is required to be modified in two respects. Firstly, the MHADA will consider the rival contentions between the parties before making : 2 : the allotment. Such allotment is without prejudice to the rights and contentions of all the parties and will be subject to the result of the suit. No equities of any nature whatsoever shall be claimed by any of the parties on the basis of such allotment which will be considered to be a temporary measure. 4. Further, pending the hearing and final disposal of the suit, the parties shall not dispose of, alienate, encumber, part with possession of, or create any third party right, title or interest in, to upon or in respect of the tenements that may be allotted as aforesaid. It will be open to the parties to claim compensation. 5. The allottees of the ground floor premises shall deposit in Court the difference in the market rate between the first four premises and the ground floor premises, on a month to month basis on the basis as if the same were let out as determined by the trial Court. 6. The amounts deposited as above shall also abide by the result of the suit. In other words, if the allottee of the first floor premises is ultimately found to be entitled to the ground floor premises, : 3 : he shall be entitled to the amounts so deposited. In this manner, all the rights of the parties are totally protected. 7. MHADA is requested to decide the allotments as expeditiously as possible after hearing the concerned parties. 8. Appeal from Order and the Civil Application stands disposed of accordingly. ***