JUDGMENT - REBELLO F.I., J.:---The appellants herein have preferred this Appeal against the order dated 19-12-2001, whereby a learned Judge of the City Civil Court dismissed Notice of Motion No. 2932 of 2001 in S.C. Suit No. 3752 of 2001, taken out by the appellants herein. The learned Judge found in favour of the appellants that the provisions of the Maharashtra Ownership of Flats Act (MOFA) was applicable. The learned Judge also found in favour of the appellants that the new structure is an extension to the old building Pushpa Castle. However, on the ground of balance of convenience considering the delay in the plaintiffs approaching the Court, dismissed their motion. It is that order which is the subject matter of the present appeal.

2. In this appeal, motion for interim relief was taken out on 25-9-2002 and an order was passed that pending hearing and final disposal of appeal there would be ad-interim relief in terms of prayer Clause (a) of Civil Application No. 1063/2002. The order also sets out that issue of re-construction and demolition of structure, can be considered when the appeal is heard. A statement made on behalf of the counsel appearing for the respondents that the c

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