S.C. Dharmadhikari, J.

Admit. Respondents waive service. By consent of parties heard forthwith.

2. This appeal under clause 15 of the Letters Patent challenges the order of the learned Single Judge passed in the above Notice of Motion. By the order under challenge delivered on 16th April, 2009, the learned Single Judge has dismissed the appellants’ Notice of Motion.

3. The appellants before us are the original plaintiffs whereas the respondents are the original defendants.

3. The appellants filed a suit in this court being Suit No.2314 of 2008 against the original defendants for a declaration that the Deed of Conveyance dated 25th October, 2004 executed between the original defendant No.1 and original defendant No.3 in respect of a plot of land No.442, TPS IV, Mahim Division, Mumbai is illegal, bad in law and not binding on the plaintiffs. The original defendant Nos.1 to 3 are respondent Nos.1 to 3 to this appeal.

4. The further relief that the plaintiffs claim is a permanent injunction restraining the defendants, their servants or anybody claiming through them from utilizing the FSI available on the plot in respect of the portion of the building viz. Building No.2, Pet