: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.140 OF 2008 WITH CIVIL APPLICATION NO.177 OF 2008 IN SPL.C.SUIT NO.198 OF 2002 Ramchandra D. Agarwal ....Appellant V/s. Smt.Anusaya K. Sasane & Ors. ....Respondents Mr.R.M. Agrawal i/b R.M. Agrawal & Associates for the Appellant. Mr.R.S. Apte i/b Mr.Ashutosh Gole for Respondent Nos.5 to 7. CORAM : S.J. VAZIFDAR, J. DATED : 2ND MAY, 2008. P.C. : 1. Admit and heard finally. 2. By the impugned order the learned Judge has rejected the application for interim injunction restraining Respondent Nos.5 to 7 from carrying on any further construction on the suit property. 3. The property was originally owned by the predecessor of Respondent Nos.1 to 3. Respondent Nos.5 to 7 are subsequent purchasers who have started construction on the suit property. The construction : 2 : has come up to the third floor. The construction is in accordance with the approved plans. The suit was filed in 1990. Since then no injunction of any nature has been passed against the original Defendants. This is despite the fact that even according to the Appellant Defendant No.4 had carried on some activity on the suit property which the Appellant alleges has been encroached upon. 4. The only point in favour of the Appellant at this stage is that there is a report of the D.I.L.R. which according to them indicates that the property alleged to have been encroached upon belongs to the Appellant. Mr.Apte, the learned counsel appearing on behalf of Respondent Nos.5 to 7 states that Respondent Nos.5 to 7 were naturally not parties when the report was prepared. 5. In the circumstances, the Appeal from Order is disposed of by the following order :- i). A fresh report shall be made by the D.I.L.R. All parties/their representatives shall be entitled to remain present and to make submissions before the concerned officer who shall consider the same before finalizing : 3 : the report. ii). Respondent Nos.5 to 7 shall be entitled to continue the construction and to create third party rights. However, the parties purchasing the top floor shall be informed about the pendency of these proceedings. Liberty to the Appellant to apply against such third parties, if necessary.