: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.844 OF 2008 WITH CIVIL APPLICATION NO.1015 OF 2008 WITH CIVIL APPLICATION NO.1053 OF 2008 IN NOTICE OF MOTION NO.1717 OF 2007 IN L.C.SUIT NO.1813 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.L.S. Shukla for the Appellant. Mr.J.G. Reddy for Respondent No.1. Smt.G.P. Mulekar, AGP for Respondent No.2. Mr.Y.S. Jahagirdar, Senior Counsel with Mr.Anil Singh i/b Mr.A.D. Yadav for Respondent Nos.4 and 5. CORAM : S.J. VAZIFDAR, J. DATED : 14TH OCTOBER, 2008. P.C. : 1. The impugned order warrants no interference. Apart from anything else that is observed in the impugned order, the Appellants must first succeed in challenging the award made by the : 2 : Arbitrator under the M.R.T.P. Act in the year 1982. All the rights of the parties stand merged in the plot or incorporated in the award. 2. It was then submitted that the development on the property pursuant to the permission obtained in the year 2004 is contrary to the provisions of law in that the plot is meant for recreation ground. The Appellants have no cause of action on that ground in a civil suit. 3. In the circumstances, the Appeal from Order is dismissed. Both the Civil Applications are also dismissed.