IN THE HIGH CO0URT OF JUDICATURE AT BOMBAY IN ITS CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 563 OF 2008 IN NOTICE OF MOTION NO. 1070 OF 2008 IN B.C.C.C.L.C. SUIT NO. 900 OF 2008 M/s. Kalyan Building Welfare Association : Appellants v/s M/s. Manav Builders Pvt. Ltd. & ors. : Respondents V.A. Thorat sr. counsel with Shri K.D. Jha for appellants P.K. Dhakephalkar sr. counsel with Shri Yadunath Choudhari, Ms. G.P. Mulekar AGP for MHADA for respondent Coram : S.J. Vazifdar, J Date : 19.6.2008 P.C. Admit, heard finally. The impugned order warrants only a modification. The rights of the appellants have been protected by the impugned order. It has been ordered that defendant no.1 is bound to follow the due process of law to evict the appellants/tenants/occupants of the suit building and that they cannot be forcibly evicted. Mr. Thorat further states that the project is a composite one involving CTS no. 153, 154 in addition to the land on which the suit premises exists namely CTS no. 182. He states that the project may involve /effect the suit building. This apprehension is taken care of by ordering and directing that any construction that may be put up after the suit will not be claimed as an equity at the hearing of the notice of motion. The learned Judge has himself clarified that the observations in the impugned order are confined to the ad-interim reliefs. That must be so. The entire matter can be properly considered only after all the affidavits are filed. Thus the learned Judge hearing notice of motion shall decide the same on its own merits uninfluenced by the impugned order. A.O.is accordingly disposed of.