: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.566 OF 2008 WITH CIVIL APPLICATION NO.657 OF 2008 IN NOTICE OF MOTION NO.1707 OF 2007 IN S.C.SUIT NO.1721 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.K.H. Holambe Patil for the Appellants. Mr.Niranjan Pandit i/b Smt.Kanchan S. Kambli for Respondent No.5. CORAM : S.J. VAZIFDAR, J. DATED : 20TH JUNE, 2008. P.C. : 1. The impugned order warrants no interference atleast at this stage. 2. Apart from what is stated in the impugned order admittedly the Appeal was dismissed in the year 2000 and the allotment in favour of Defendant No.2/Respondent No.2 was also made at that : 2 : time. 3. The existing building had been demolished in the year 2004 and the construction had commenced. The premises in dispute admeasure 500 sq.ft. I see no warrant therefore for restraining the construction which has already commenced. Such an order would prejudice the rights of several other persons, who are not concerned with the dispute between the Appellant and Respondent No.2. 4. The alleged rights of the Appellant qua Respondent No.2 can be adequately protected by ordering that after allotment in favour of Respondent No.2 Respondent No.2 will not dispose of, alienate or encumber the same without first giving the Appellant notice of their intention to do so atleast two weeks in advance. 5. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.