: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.425 OF 2008 WITH CIVIL APPLICATION NO.500 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.S.V. Sadavarte for the Appellant. Mr.Sanjeev A. Sawant for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 5TH MAY, 2008. P.C. : 1. Admit and heard finally. 2. There is no warrant for interfering with the impugned order. Prima-facie it appears that the Respondents in any event would be entitled to over 70 sq.mtrs. The Appellant has already completed the construction of a portion of which he is in possession. : 2 : There is no warrant for now restraining the Respondent from constructing on his portion. It is however, desirable that the rights and contentions are preserved during the pendency of the suit. Thus pending the hearing and final disposal of the suit, none of the parties will dispose of, alienate, encumber, part with possession of the constructions put up by them without the leave of the Court. They will however be entitled to give out the property on leave and licence basis after intimating the licensee, if any, that they will be bound by the order in the suit. 3. The constructions, if any by both the parties, shall be at their risk and neither of them will claim equities in respect thereof at the hearing of the suit. 4. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.