1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3071 OF 2006 IN FIRST APPEAL NO.1498 of 2006 Mohammad Iqbal Haji Alabux &Ors. ... Applicants Vs. M/s. Lokhandwala Builders &Ors. ... Respondents Mr. P.K.Dhakephalkar, Senior Counsel with Mr. S.R.Waghmare, Advocate, for the applicants. M r. A.J.Almeida, Advocate for respondent No.1. Smt. K.K.Soraan, Advocate for the respondent No.2. BMC Mr. Y.E.Mooman, Advocate, for the respondent Nos. 3 to 10. CORAM: J.H.BHATIA,J. DATE: 4th August, 2009. P.C. 1. Heard the learned Counsel for the parties. 2. The Appeal is already admitted. It is also admitted that in Notice of Motion No.4196 of 2004, the trial Court had allowed the defendants to continue the construction by keeping an open space of 10 feet between the two buildings. That order was directed to be continued by this Court as per the order dated 20.7.2006.In my considered opinion, pending the appeal, that situation should continue. 2 3. The learned Counsel for the respondents, except the respondent No. 1, make a statement that when for some time this Appeal was dismissed in default, the defendant No.1 had dug that portion. However, admittedly, no construction has been made thereon. Subject to this, the order dated 20th July, 2006 is hereby made absolute pending the appeal. Application stands disposed of. (J.H.BHATIA,J.)