: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.210 OF 2009 Vivek Purshottam Bajaj & Anr. ... Appellants V/s. Shailesh P. Shah, HUF & Ors. ... Respondents Mr.V.V. Khemka for Appellants Mrs.K.K. Soraan for Respondent No.5 CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 10, 2009 P.C.: 1. The Appeal from Order has been filed against the order passed by the City Civil Court refusing to grant interim relief to the plaintiffs. The plaintiffs have also filed Suit No.1427 of 2006 in this Court on 3.8.2009. An order has been passed by a learned Single Judge of this Court in Notice of Motion No.1735 of 2006, accepting the statement of Defendant Nos.5 and 6 who are builders, that they “will not utilizfe 50% of the plaintiffs FSI in proportionate to the property in accordance with law”. Defendant No.6 i.e. the developer in the aforesaid suit is Respondent No.6 in the present Appeal from Order. This statement recorded by the Court in the suit filed on the Original Side of this Court protects the appellants and therefore there is no need to entertain this Appeal from Order. 2. Thus, in view of the statement in Notice of Motion No.1735 of 2006, Appeal from Order is dismissed.