1 ao477.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 477 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Ms D.S. Retiwala for the Appellants. Shri G.W. Mattos for the Respondent No.1. Ms K.K. Soraan for the Respondent Nos.2 and 3. - CORAM : A.S.OKA, J. DATE : 28TH FEBRUARY, 2011 P.C.: . Heard learned counsel appearing for the Appellants, who are the original Plaintiffs. By the impugned order dated 29th October, 2009, ad-interim relief insofar as prayer for stopping the construction of the building by the first Respondent is not granted. The first Respondent was restrained by granting ad-interim relief from claiming any independent right or joint right on 9 metre wide road. The photographs produced by the learned counsel appearing for the first Respondent show that the construction of the building has been 2 ao477.10 substantially completed. The learned counsel appearing for the Appellants submitted that the second Respondent should be restrained from granting occupation certificate. 2. There is no such specific prayer in the Notice of Motion on which impugned order has been passed. The impugned order is dated 29th October, 2009 which is the ad-interim order of a discretionary nature. At this stage, no interference is called for with the impugned order. 3. Hence, I pass the following order :- ORDER (a) The Appeal is dismissed. (b) Hearing of the Notice of Motion is expedited. (c) In view of the subsequent events, it will be open for the Appellants to apply for appropriate ad-interim and interim relief as regards the grant of occupation certificate. (d) All contentions of the parties on merits of the pending Notice of Motion are kept open and the Notice of Motion will be decided on its own merits without being influenced by the impugned order. (A.S.OKA, J)