1 app543.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 543 OF 2011 IN NOTICE OF MOTION NO. 1438 OF 2011 IN SUIT NO. 1037 OF 2011 WITH NOTICE OF MOTION NO. 2633 OF 2011 IN APPEAL NO. 543 OF 2011 IN NOTICE OF MOTION NO. 1438 OF 2011 IN SUIT NO. 1037 OF 2011 Mana Builders and Developers Pvt. Ltd. & Ors. ....Appellants. Vs. Firdous Park CHS Ltd. & Ors. ...Respondents. Mr. Janak Dwarkadas, Sr. Advocate a/w Mr. Sharan Jagtiani a/w Mr. Deepak Chitnis i/by M/s. Deepak Chitnis Chiparikar & Co. for the Appellants. Mr. P.K. Samdhani, Sr. Advocate a/w Mr. Nikhil Komawat i/by Mr. Nivit Srivastava for Respondent No.1. Mr. Snehal Shah i/by M/s. AKS Legal for Respondent No.10. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 11 OCTOBER, 2011. 2 app543.11.sxw ssm P.C. :- Heard the learned counsel appearing for both the parties. 2 The order impugned in the Appeal is only an order refusing to grant ad-interim order. The motion is still pending. We request the learned Single Judge to hear and dispose of the Motion at an early date. Further agreement has been entered into by the society with Defendant No.10. Defendant No.10 has entered into the agreement with full knowledge of the previous agreement between the society and the Plaintiff. Therefore, whatever third party rights are created by Defendant No.10 would be subject to the result of the final order of the learned Single Judge on the Notice of Motion. 3 The Appeal is disposed of accordingly. There shall be no order as to costs. 4 Notice of Motion No. 2633 of 2011 is also disposed of. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)