R.D. KOTHARI, J.

1. The petitioner – original defendant challenges granting of interim injunction by first appellate court in favour of the respondents – original plaintiffs.

2. Short question arises for consideration is consequence of alleged deviation from conditions of NA permission and deviation in plan which was submitted along with the application for NA permission.

3. Relevant facts are, thus – The respondents – original plaintiffs claim to own plots around the suit plot. The suit plot is known as ‘Devbhoomi Society Bungalows.’ It is the say of the respondents that they were constructing their building on the faith and belief that no complex or flats would be constructed in the said society and no shareholder would put up any construction in contravention of layout plan submitted before the authority at the time of applying NA permission. It is the further say of the respondents that petitioner – original defendant has illegally amalgamated four different plots into one plot. It is also the say of the respondents that easmentary rights would be seriously obstructed by the proposed construction of four storied building by the petitioner. Broadly on this pleading, the