: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.246 OF 2008 IN NOTICE OF MOTION NO.1953 OF 2007 IN S.C. SUIT NO.2046 OF 2007 M/s.M.D. Enterprises ..Appellants. (Orig.Defts.) Vs. M/s.Ghatkopar Chentan CHS Ltd. ..Respondents. (Orig.Plffs.) Mr.A.Narula i/b.M/s.Jhangiani, Narula & Associates for the Appellants. Mr.Ajitkumar C. Shah for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 15TH APRIL, 2008 DATED : 15TH APRIL, 2008 DATED : 15TH APRIL, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The impugned order warrants no interference at this stage. The question whether clause 35 refers to six floors or seven floors would require to be decided at the trial. This decision would be required specially in view of the fact that the existing ground floor structure which was used for residential purposes is now to be utilised for stilt parking. However, it is necessary in these circumstances that the rights of both the parties : 2 : ought to be protected. 3. In the circumstances, the Appeal from Order is disposed of by the following order :- i) The impugned order is upheld. However, the Respondents shall not put up any further construction of any nature whatsoever on the suit property. ii) Further, the Respondents shall also not utilise the FSI relating to the suit plot by way of TDR or otherwise, pending the hearing and final disposal of the suit.