1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.577 OF 2010 M/s.G.H.Khatri & Company .. Appellant. Vs. Navi Mumbai Sports Association .. Respondents. Mrs.Anita Agarwal for the appellant. Mr.Y.S.Jahagirdar, Sr.Counsel with Prabha Rathod i/b Suraj Shah for the respondents. CORAM : D.B.BHOSALE, J. DATED : 25/10/2010. PC: 1. Heard Mrs.Agarwal, learned counsel for the appellant and Mr.Jahagirdhar, learned senior counsel for the respondents. 2. Admit. 3. Mr.Jahagirdar, learned senior counsel waives service for the respondents. By consent taken up for final hearing. 4. This appeal is directed against the judgment and order dated 22.7.2010 passed by the District Judge-4, Thane in Civiil Appeal No.166 of 2007 allowing the appeal and reversing the judgment and decree dated 22.3.2007 passed in Regular Civil Suit No.406 of 2001. The suit was filed by the appellant for declaration and permanent injunction. The suit was decreed. I have heard this appeal for sometime. In the course of arguments it was submitted that the respondent-defendants have filed Regular Civil Suit No.77 of 2004 in the court of Civil Judge, Junior Division, Vashi, District Thane for eviction against the S 2 appellant/plaintiffs and the suit is pending for disposal. In view thereof and having regard to overall facts and circumstances of the case learned counsel for the parties have fairly stated that I need not record reasons for disposing of the second appeal and they have agreed for the following order: Pending the hearing and final disposal of Regular Civil Suit No.77 of 2004 pending in the court of Civil Judge, Junior Division, Vashi, the appellant/plaintiffs is allowed to occupy block Nos. “E”, “F” and “G” situated on the ground floor of the Club House Building, Navi Mumbai Sports Complex, Sector 4, Vashi subject to the condition in clause (xii) of the agreement dated 26.9.1988. The appellants have agreed and shall not claim any right whatsoever in the parking space in dispute, if Regular Civil Suit No.77 of 2004 is ultimately decided against them and they are required to vacate the tenement i.e. aforementioned blocks in their possession. The respondents are allowed to remove the car parking shed admeasuring 20 X 17 ft. on the rare side of block Nos. E, F and G within four weeks from today. The appellants undertake not to obstruct the respondents from removing the shed. Their undertaking is accepted. The hearing of Regular Civil Suit No.77 of 2004 is expedited. The appeal is disposed of in terms of this order. No costs. (D.B.Bhosale, J.)