1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. APPEAL (LD) NO.266 OF 2008 IN NOTICE OF MOTION NO. OF 2008 IN SUIT (LD) NO.1578 OF 2008 Balaji Lifestyle Realtors Pvt. Ltd. ...Appellant. Versus Shri Vrajlal Talakshi Gala & Ors. ...Respondents. ....... Ms.Neeta Mandhyan i/b. S.M. Associates for the Appellant. Mr. P.K. Samdani, Senior Advocate i/b. Dhru Liladhar & Co. for Respondent No.1. Mr. Sanjay Jain for Respondent Nos.4 and 5. Mr. N.S. Fadia for Respondent Nos.2 and 3. ...... CORAM : DR. D.Y. CHANDRACHUD & K. U. CHANDIWAL, JJ. May 15, 2008. P.C.: The appeal is directed against an ad-interim order passed by a Learned Single Judge of this Court on 7th May 2008, by which relief was granted in terms of prayer clause (c ) of the Notice of Motion until 3rd June 2008. At this stage, since the Motion is to be 2 taken up after the reopening of the Court, on the application for ad- interim relief, it would neither be appropriate nor proper to render even a tentative expression of opinion on the merits of the rival contentions of the parties. Counsel appearing on behalf of the Appellant, the original Defendant No.3, states that until 5th June 2008, the Appellant shall not dispose of, alienate, transfer, encumber or create any third party rights in respect of the flats mentioned in the agreements for sale dated 24th October 2007, annexed at Exhibits C-1 to C-6 to the Plaint. It is understood between the parties that while the Appellant may if so permitted in law carry out internal work in the flats, this shall not create any equity in favour of the Appellant. Counsel appearing on behalf of the Appellant stated before the Court that the aforesaid statement has been made on instructions. In view of aforesaid statement which is made on behalf of the Appellant, the necessity of any ad-interim order being passed during the course of the Vacation is obviated. The statement it is agreed shall be in substitution of the order of the Learned Single Judge dated 7th May 2008. The appeal is accordingly disposed of. 3 DR. D.Y. CHANDRACHUD, J. VACATION JUDGE. K. U. CHANDIWAL, J. VACATION JUDGE.