1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.893 OF 2009 Indrajit C. Ghavri and ors. ..Appellants. Vs. Mumbai Housing and Area Development Board and ors. ..Respondents. Mr.S.A.Sawant for the Appellants. Mr. Parshuramani for the Respondents 2 and 3. CORAM : R.S. MOHITE, J. DATE : 8th Sept.2009 PC : 1. Advocate for the appellants states that the notice of motion is made returnable on 10.9.2009. He states that his clients will make developer  builder as party to the suit and then move afresh for grant of ad interim relief. In the circumstances, appeal from order is disposed off with directions that the impugned notice under Section 95A will not be executed till 10.9.2009. It is also made clear that if the appellant moves the trial court for grant of ad interim relief, if and when developer is made party, then trial court will 2 decide the motion on its own merits irrespective of the fact that this court has granted protection till 10.9.2009. With the aforesaid directions, Appeal from order is disposed off. ( R.S.OHITE,J.)