1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.12 OF 2009 Subhash M. Dhanjani & Anr. ..Appellants -versus M/s Ankur Developers & ors .. Respondents Mr.Rahul Rao i/b Dahibawkar & Co. for the appellants Mr D. H. Mehta alongwith Mr D. D. Mehta, i/b D.M.Legal, Associates for respondents. CORAM: DR. D. Y. CHANDRACHUD, & R. G. KETKAR JJ DATED: 3rd April, 2009 P.C. 1. At the hearing of the appeal, learned counsel appearing on behalf of the First Respondent states that in addition to the directions issued by the Learned Single Judge at the ad interim stage to 2 the effect that any transaction by the First Respondent relating to the first commercial floor of the building will be subject to such further orders as may be passed in the Notice of Motion in the suit, the First defendant shall place any prospective purchaser of the flat on the first commercial floor on specific notice of the pendency of the suit before this Court. The learned counsel appearing for the Third Respondent states that in so far as the Co-operative Society is concerned, it has no objection to the user of the flat which has been allotted to the appellant by the First Respondent for commercial purposes subject to the grant of necessary permission by the Municipal Corporation. 2. In view of the aforesaid statements, made on behalf of the Respondents, learned counsel appearing on behalf of appellant does not press the appeal. The notice of Motion shall be heard and decided by the Learned Single Judge uninfluenced by any of the observations contained in the impugned order which are confined to the disposal 3 of the application for ad interim relief. 3. Appeal is accordingly disposed of. (DR. D.Y. CHANDRACHUD,J) (R.G. KETKAR, J)