1 5.caw2136.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2136 OF 2011 IN WRIT PETITION NO. 2375 OF 2000 Ganpat Ramchandra Kale & Anr. ....Applicants. Vs. Magazine Bungalow Bhadekaru Malki Sahakari Graha Nirman Sanstha Maryadit & ors. ....Respondents Mr. Dhananjay Rananaware, Advocate for Applicants. Ms. Varsha Palav for original Petitioner. Mr. S.D. Rayrikar, AGP for Respondent Nos. 1 to 4. CORAM:- GIRISH GODBOLE, J DATED:- NOVEMBER 25, 2011 P.C. 1. Heard Mr. Rananaware, Advocate for Applicants and Smt. Palav, who appears for the original Petitioner in the Writ Petition who are Respondent Nos. 1 and 2 in this Civil Application. Considering the nature of controversy, prima facie the Order dated 26/7/2000 directing the parties to maintain status quo as on that date as regards their respective possession of the property in question must be construed to have limited 2 5.caw2136.11 application in respect of the properties in possession of the parties who were before the Court on that date. The Applicants are purchasers of the individual plots and have been subsequently added as parties. On account of the status quo order, they are unable to carry out any repairs/improvements or alienate their respective plots with bungalows. It is therefore necessary to clarify earlier order of status quo. 2. It is therefore directed that in so far as the Applicants are concerned, they will be permitted to carry out repairs and renovation of the respective bungalows or development of the respective plots subject to the final outcome of the Writ Petition and without claiming any equities whatsoever in respect of the expenditure which will be incurred by them. Similarly the Applicants would be permitted to alienate and transfer their respective plots/bungalows subject to a condition that in the Deed of Transfer/Alienation, to be executed in whatever manner, a specific clause regarding pendency of the Writ Petition in this Court should be incorporated clearly stating that the purchaser will purchase the property subject to the final outcome of the Writ Petition and will not claim any equity whatsoever. Every such purchaser will be specifically informed not only by a clause in the agreement but an affidavit of such purchaser 3 5.caw2136.11 incorporating the contents of this order shall also be obtained and filed in this Court. This would constitute sufficient safeguard for the Respondents. 3. With the aforesaid direction, the Civil Application is disposed of. The Writ Petition to be added to the final hearing board in the week commencing from 4/1/2012 according to its own turn. (GIRISH GODBOLE, J)