1. The Appellant has challenged the judgment dated 22nd December, 2006 of the Bombay City Civil Court granting an injunction to the Respondent s against the Appellants and restraining the Appellants from constructing a compound wall in a part of the suit premises, putting up any permanent or temporary structure in the compulsory open space and using a particular compulsory open space which has to be left open to the skies under the Development Control Rules (DC Rules). There is no dispute between the parties in this Suit about any construction in the compulsory open space, other than the compound wall. There is also no dispute between the parties with regard to the access road, which is meant only for ingress and egress and is to be left open to the sky.

2. The Appellant contends that he is the tenant of the Respondent . He has filed a declaratory suit in the Bombay Small Causes Court (Rent Court) against the Respondent in 1985. The Respondent has filed a suit for eviction against him in 2001.

3. In his Declaratory Suit he has sought a declaration of tenancy which he got from the Respondent under an agreement executed in 1972. That suit is pending. He claims that, that agre