- 1 - 1311gangal rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 1311 OF 2010 Shri Gajanan Bhiva Tare & ors.. Appellants vs M/s Sunita Enterprises & ors .. Respondents Mr.V.A.Gangal and Mr.Ashok Gade for Appellants Mr.P.K.Dhakephalkar Sr.Advocate with Ms.Snehal Ratnakar for Respondent no.1 Mr.Mandar Limaye for Respondent no.5 CORAM: A.S.OKA, J DATE: 27th April, 2011 P.C. 1.Heard learned counsel for the appellants who are original plaintiffs. By the impugned order passed by the trial court on 18th September, 2009 an application for temporary injunction made by the appellants has been rejected. Prayer made by the appellants in the application for temporary injunction was for restraining the - 2 - 1311gangal respondents from carrying on construction on the suit property and from creating third party rights. It must be noted here that from 18th September, 2009 there is no ad interim relief operating in favour of the appellant. 2. Various submissions have been made including a submission that the construction carried out by the respondents is illegal as the same was carried out in breach of stop work notice issued by the authorities. The counsel for the respondent no.1 has tendered on record a photograph which is marked  X for identification. He stated that the construction of a multi storey building has been completed and the building has been already occupied by the flat purchasers. 3. The photograph shows that construction - 3 - 1311gangal of a building consisting of ground and seven upper floors has been fully completed. Considering this factual aspect, as of today, no interference can be made with discretionery order passed by the trial court on 18th September 2009 declining to grant interim injunction. As the construction of the building has been carried out and third party rights have been created during the pendency of suit, it is obvious that it will be subject to final outcome of the suit. The third party rights created will be subject to final outcome of the suit. Learned counsel for the appellants states that the appellants have applied for amendment of the plaint and the said application is pending. The same shall be decided on its own merits. 4. Subject to what is stated above, Appeal from order is dismissed. All contentions of - 4 - 1311gangal the parties in the pending suit on merits are kept open and the suit will be decided without being influenced by the impugned order. Civil Application No.1614 of 2010 does not survive and is disposed of. A.S.Oka, J