(1) (907) AO 959/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk APPEAL FROM ORDER NO. 959 OF 2010 WITH CIVIL APPLICATION NO. 1172 OF 2010 Ramchandra J. Vaishnav .. Appellant Vs. M/s. Vishal Developers .. Respondent Mr. Sandesh D. Patil for the Appellant. Mr. P. S. Dani a/w. Mr. R. D. Suryawanshi for the Respondent. CORAM : MRS. ROSHAN DALVI, J. Date : 17 th August, 2011. P.C. 1. The Appellant was the Plaintiff in the original Suit who sued for injunction against Respondent who was the Defendant therein. Both are Developers. The Respondent agreed to purchase and develop the Suit land from one Patel. The Respondent also agreed to develop another land under another adjoining survey number. The Respondent obtained N.A. permission and commenced the development under sanctioned plans. Several buildings have been constructed and occupation certificate issued. Two bungalows only require to be constructed on the south- west portion of the property. The rest of the land is the recreational ground meant for the entire development in the sanctioned lay out. The approval of the municipality was obtained since 10.03.1993. (2) (907) AO 959/10 The Appellant was conveyed the land as late as on 26.12.2008. He must, therefore, take the land conveyed to him as on the date of conveyance with all its accretions and encumbrances. Those are various buildings already constructed and two buildings to be constructed which were already sanctioned. No injunction to restrain construction of such buildings can be granted. The impugned order is correct. The Appeal is dismissed. 2. The Civil Application is also disposed of accordingly. (ROSHAN DALVI, J.)