1.This appeal is directed against an ad interim order passed by the learned Single Judge dated 25th June, 2008, restraining the appellants from carrying on the construction in according with the modified sanctioned plan dated 10th April, 2007 (Exhibit-L to the plaint) till disposal of the Notice of Motion. The appellants are also restrained by an order of injunction from removing existing underground water tank and pump room.

2. The facts leading to the controversy in this appeal are briefly stated herein below : The original defendant No.1 was owner in possession of a large plot of land which comprised of some vacant area, together with various dilapidated old structures occupied by the tenants. As there were many structures on the premises, defendant No.1 decided to develop the entire plot in phased manner anticipating that in due course of time the tenants would vacate the premises. Defendant No.1 with the said object in mind, got the original plans sanctioned from the Municipal Corporation of Mumbai in the year 1987. The original plans proposed construction of two buildings i.e. Building “A” and Buildin