: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.910 OF 2008 WITH CIVIL APPLICATION NO.1092 OF 2008 IN NOTICE OF MOTION NO.2813 OF 2007 IN S.C.SUIT (ST.) NO.1826 OF 2007 AND APPEAL FROM ORDER NO.911 OF 2008 WITH CIVIL APPLICATION NO.1093 OF 2008 IN DRAFT NOTICE OF MOTION OF 2007 IN S.C.SUIT (ST.) NO.1827 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.G.M. Savagave for the Appellant. Mr.S.B. Prabhawalkar for Respondent No.1. Mr.G.W. Mattos, AGP for Respondent No.2. (In both the matters) CORAM : S.J. VAZIFDAR, J. DATED : 16TH OCTOBER, 2008. P.C. : 1. The impugned order warrants no interference. The Appellants are the : 2 : tenants of the MHADA on the suit property. A redevelopment scheme has been sanctioned by the MHADA/Respondent No.2 in favour of nine Co-operative societies on the suit plot. The societies have appointed Respondent No.1 as a developer. 2. There is no dispute as far as the Respondents are concerned that the Appellants will be accommodated in the reconstructed building for an area equivalent to the area occupied by the Appellants. Nor is there any dispute that the Appellants will be given the transit accommodation pending redevelopment. 3. The only contention on behalf of the Appellants is that they are actually entitled to the ownership rights in respect of the structures presently in their occupation and not merely of tenancy rights. In respect of this dispute with the MHADA, the Appellants have filed Writ Petition No.1295 of 2008 in this Court. The issue whether the Appellants are entitled to the ownership rights or not is not the subject matter of the present : 3 : proceedings. As at present the Appellants do not have the ownership rights. Thus the impugned order cannot be interfered with by this Court. Needless to add that the order will be subject to any orders that may be passed in respect of the other proceedings that the Appellants may adopt in respect of their alleged rights. As at present they do not possess any rights other than these. 4. I am informed that the said Writ Petition is adjourned to 12.11.2008. Thus the impugned order shall remain stayed only as a matter of indulgence upto and inclusive of 17.11.2008. The learned counsel appearing on behalf of the Appellants states that any further application for extension will be made only before the Division Bench.