2. This appeal arises from the order dated 3-5-2007 passed in Notice of Motion No.3665 of 2006 in Suit No. 132 of 2007. By the impugned order, the learned single Judge granted ad-interim relief in the nature of prayer clause C(ii) thereby restrained the defendant No.5 and any person claiming through the respondents, from constructing any building other than 7 floors in "E" Wing while rejecting the other reliefs which were asked for in the notice of motion.

3. The main grievance of the appellants relate to the plot of land forming part of the plot wherein the society's building is situated and claims to have been amalgamated with the adjoining plot and wherein the new layout thereof has been approved for the developments therein by the competent authorities sans the consent of the appellants in relation to the portion of their plot so amalgamated with the adjoining plot.

4. It is the contention on behalf of the appellants that ignoring the law laid down by the Apex Court in M/s. Jayantilal Investments Vs. Madhuvihar Co-operative Housing &