1 25 caf.1754.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 1754 OF 2011 IN FIRST APPEAL (stamp) NO. 11489 OF 2011 Durga Prasad Agarwal and others. ... Applicants Versus M/s. Sheetal Chhaya Co. Op. Housing Society Ltd. and others. ... Respondents ­­­­­ Mr. A.D.Yadav i/b Mr. D.R.Shah for the Applicants. Mr. N.C.Dixit a/w Mr.C.H.Mehta for Respondent Nos.1 and 4. ­­­­­ CORAM : A.S.OKA, J. DATE : 14 th October, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants and the learned counsel appearing for Respondent Nos.1 and 4. 2 Perused the operative part of the impugned decree. There is a direction to remove upper floors, which are constructed in violation of FSI. The Applicants claim to be in possession of the premises on floors, which are ordered to be demolished. The learned counsel 2 25 caf.1754.11 appearing for Respondent Nos.1 and 4 submits that the remedy of the Applicants is against the builder (Respondent No.6), who has inducted them in the unauthorized portion of the building. The only question in this application is whether the Applicants who are not parties to the suit will be affected by the decree and therefore, whether the leave should be granted in their favour. In view of the statements made in the application, it appears that the Applicants will be affected by that part of the decree, which directs demolition of upper floors. Therefore, the leave deserves to be granted. Accordingly, the applications is allowed in terms of prayer clause (a). 3 The appeal shall be fixed for admission on 16 th November, 2011. Till then, there will be a limited ad­interim relief directing that the decree as regards the demolition of the upper floors shall not be executed and acted upon. [ A.S.OKA, J ]