FARAD FARAD FARAD CONTINUATION SHEET No. CONTINUATION SHEET No. CONTINUATION SHEET No. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE. SIDE. SIDE. CIVIL CIVIL CIVIL APPLICATION NO. 760 OF 2004. APPLICATION NO. 760 OF 2004. APPLICATION NO. 760 OF 2004. IN IN IN APPEAL APPEAL APPEAL FROM ORDER NO. 566 OF 2004. FROM ORDER NO. 566 OF 2004. FROM ORDER NO. 566 OF 2004. ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearnaces,Courts’s : orders or directions : and Registrar’s orders. : ------------------------------------------------------------ Shri P.N. Modi i/b Narayan & Narayan for the applicant. Shri J.Reis with Shri Jha for the respondents. CORAM: CORAM: CORAM: V.C.DAGA,J. V.C.DAGA,J. V.C.DAGA,J. DATED: DATED: DATED: 24-08-2004. 24-08-2004. 24-08-2004. P.C.: P.C.: P.C.: . Having heard rival submissions, it is not in dispute that construction of Building No.5 has already been completed and third party interest has been created by registered documents in respect of flats and/or apartments located therein, details of which are to be found at pages 173 and 174 of the appeal paper book. 2. So far as Building Nos. 6 and 7 are concerned, it is not in dispute that construction thereof is yet to start. 3. In view of the admission of the appeal, considering prima facie case made out by the appellant, it is necessary to direct the parties to maintain status-quo during the pendency of the appeal. 4. It is made clear that the pendency of the appeal shall not come in the way of the trial Court to proceed with the suit and decide it on its own merits uninfluenced by the orders in appeal.