: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICTION NO.1142 OF 2009 IN SECOND APPEAL NO.318 OF 2005 Suresh Prakashchanda Mehta & Anr. ... Appellants V/s. Shafiyabegum Mohammedso Momin & Ors. ... Respondents Mrs.J.V. Kanade for Appellants Mr.N.V. Bandiwadekar for Respondent Nos.1, 2 and 3 Mr.I.M. Khairdi for Resp. No.4 CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 5, 2009 P.C.: 1. The civil application has been filed for restraining the respondents including the added respondents from constructing or developing the suit property which according to the appellants can be described as City Survey No.8493/B admeasuring 468.23 sq.mtrs. An injunction is also sought in respect of City Survey NO.8493/F to the extent of 4.18 sq.mtrs and 8493/G also to the extent of 4.18 sq.mtrs. 2. According to the appellants, when the appeal was admitted, they had no reasonable apprehension that the respondents would develop the property and therefore had not sought any injunction at that stage. The appellants contend that : 2 : after the suit was partially decreed on 15.12.1995, the respondents had preferred an appeal being Civil Appeal No.22 of 1996 before the District Court. That appeal was allowed and the suit filed by the appellants was dismissed on 31.10.2002. The Second Appeal was presented on 17.4.2003. It appears that the appeal was admitted only on 11.7.2007. Thus from 2002 when the suit was dismissed, till 2007 there were no orders in favour of the appellants. Even after 2007, till today no injunction orders have been passed in favour of the appellants. Therefore, in my opinion, it is not possible to grant the prayers sought in the civil application at this belated stage. 3. Admittedly, the suit property is being developed pursuant to a development agreement between Respondent Nos.1, 2 and 3 on the one hand and Respondent No.4 on the other. An irrevocable power of attorney has also been executed in favour of respondent No.4 and the construction work is in progress. 4. In these circumstances, the only order that can be passed is that such construction would be subject to the result of the Second Appeal. Accordingly, it is ordered that : (i) All construction carried out on the land bearing City Survey No.8493/B admeasuring 468.23 sq.mtrs, 8493/F admeasuring 4.18 sq.mtrs and 8493/G admeasuring 4.18 sq.mtrs would be subject to the result of the Second Appeal. (ii) In the event the Respondents alienate or part with possession of the : 3 : premises after development of the suit property, any agreement executed in favour of third parties shall carry a clause indicating that the third parties are aware of the pending litigation and have purchased the property subject to the same. 5. Civil application is disposed of accordingly.