1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.380 OF 2009 in APPEAL FROM ORDER NO.313 OF 2009 Heritage Co.Operative Housing Society Ltd. Mumbai ..Applicant -versus Lokhandwala Estate & Development Company .. Respondents Mr. A. S. Desai for the applicant M/s Dipti Nazaseth with Nitesh Mishra i/b Divya Shah Associate . CORAM: R. M. SAVANT, J DATED: 16th March,2009 P.C. 1. The dispute is regarding the sale of two Stilt Car Parking spaces. The learned Single Judge of this Court, in the Judgment, reported in 2008(6) M.L.J, page 47 has held that the Stilt Car Parking Space is a common amenity and is not a saleable area. In the said case, learned Judge has observed that no evidence was produced before the Trial Court, by the Builders/Developer to the effect that area of Stilt Car Parking space was 2 included in the saleable area as per plan approved by the Municipal Corporation. 2. In the instant case also the learned Judge has proceeded on the basis that the plaintiff has not denied that the area of the stilt car parking space does not come within the saleable area and on that basis has refused to grant injunction prayed for by the plaintiff. Against the Judgment of the learned Single Judge (supra), a Special Leave Petition is pending in the Apex Court, wherein an order of status quo is operating, according to the learned counsel for the parties. In my view therefore, in the light of the judgment of the learned Single Judge, it would be appropriate that pending the above appeal, parties are directed to maintain status quo in respect of the two stilt car parking space which are remaining to be sold. The parties would be at liberty to apply after the Apex Court decides the matter. 3. Civil Application accordingly disposed of. (R.M.SAVANT, J)