ASN 1 Appeal-291.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO.291 OF 2011 IN NOTICE OF MOTION NO. 1120 OF 2011 IN SUIT NO.779 OF 2011 Hazal Louis Gonsalves and ors. ..Appellants. Vs. M.C.G.M. and ors. ..Respondents. Mr.J.G. Damani for the Appellants. Mr.M.U.Pandey for the Respondent No.9. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. Friday 6 th May, 2011 PC: Appeal is admitted. Mr. Damani, learned counsel for the appellants states that at present he is pressing this appeal against the respondent No.9 Elite Enterprises. Taken up for final disposal with the consent of the Appellants and Respondent No.9. 2 This appeal is directed against the order of the Trial Judge of this Court refusing to grant ad interim relief and making the motion returnable on 18th July, 2011. ASN 2 Appeal-291.sxw 3 From the facts and circumstances of the case, it appears that interests of justice will be served if pending hearing of Notice of Motion No.1120 of 2011 which is already fixed on 18th July, 2011, respondent No.9 is restrained from transferring, alienating or parting with possession of 1/10th of the built up area of the construction on the suit land. It is directed accordingly. 4 It is clarified that this order is passed without prejudice to the rights and contentions of the parties and all contentions are kept open. 5 Appeal is accordingly disposed of in the aforesaid terms. CHIEF JUSTICE GIRISH S. GODBOLE, J.