1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 677 OF 2009 Mr.Salim Siddhimiya Shaikh ... Appellant v/s M/s.Shree Yogeshwar Developers & anr. ... Respondents Mr.S.K.Shinde i/by Sagar Kasar for the appellant. Mr.A.V.Joshi for the respondent No.1. Mr.A.R.Pitale for the respondent No.2. CORAM: SMT.NISHITA MHATRE, J. DATED: 7TH DECEMBER, 2009 P.C.: 1. The appeal from order challenges the order passed by the Joint Civil Judge, Sr. Divn., Thane, dated 26.2.2009. By this order, defendant No.1 was restrained by way of an interim injunction from stopping the construction work being carried out by the plaintiff as per the sanctioned plan dated 29.12.2006. The order further directs the defendant No.2, i.e. the appellant herein, not to disturb and obstruct the 2 construction activity undertaken by the plaintiff in the suit property till disposal of the suit. 2. According to the learned advocate for the appellant, there is a discrepancy in the death certificate issued after the death of his father. He submits that the Corporation has issued a letter indicating that the death of his father had occurred in the year 1995 and, therefore, the order of the Trial Court should be vacated. 3. Undoubtedly, the construction activity has commenced. It appears that the plan is to construct three buildings, out of which building No.2 is already complete and part occupation certification has been granted. Agreements of sale have been executed by the plaintiff with third parties, due to which some of the third parties are already in occupation of the suit property. However, there are several other premises which are yet to be occupied and indeed where the agreements of sale are to be executed. 4. In these circumstances, the only order which can be passed at this juncture is to direct the plaintiff that, in the event it desires to create third party rights in respect of the suit property or the tenements/flats constructed on that 3 property, they will do so only after making the proposed purchasers aware of the pending litigations. This fact that the litigations are pending will be incorporated in any future agreements of sale which the plaintiff may execute with the third parties. 5. In case the appellant files any application for vacating the interim order or a modification of the same based on the information regarding the death certificate of his father, it shall be considered by the Trial Court on its own merits. 6. Appeal from order stands disposed of accordingly. 7. In view of disposal of the appeal from order, civil application No.942 of 2009 does not survive and stands dismissed. .....