1 50-caa.59.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICAITON NO. 59 OF 2011 IN APPEAL FROM ORDER NO. 43 OF 2011 M/s.Mahek Developers and others. ... Applicants Vs. Rose Co-operative Housing Society Limited and ors. ... Respondents ----- Mr. A.S.Khandeparkar i/b Mr. D.Brijesh for the Applicants. Mr. D.R.Singh for Respondent Nos.1 and 2. Mr. Vinod Mahadik for Respondent No.3. ----- CORAM : A.S.OKA, J. DATE : 08 th April, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 Grant of interim relief prayed in this application will virtually amount to granting final relief in the appeal. However, the learned counsel appearing for the Applicants submits that the Applicants may be permitted to complete the construction of the office premises shown in the sanctioned pan, which is to be allotted to the Respondent No.1 – Society. He states that after completion of the construction of the office 2 50-caa.59.11 premises, without prejudice to their rights and contentions in the suit, the Applicants will handover the possession of the office premises to the Respondent No.1 – Society. In view of this statement, only a limited interim relief deserves to be granted. 3 Civil Application is disposed of by passing the following order: i. Notwithstanding the order impugned, it will be open for the Applicants to complete the construction of the office premises of the Respondent No.1 – Society as shown on the sanctioned plan subject to condition that after completion of the construction of the office premises, the possession thereof will be handed over to the Respondent No.1 – Society. ii. It is made clear that the Applicants will not carry on any other construction permitted under the sanctioned plan dated 3 rd June, 2009 except the office of the Respondent No.1 – Society ; iii. Hearing of the suit is expedited. [ A.S.OKA, J ]