1 71 caf.1665.10 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1665 OF 2010 WITH CIVIL APPLICATION NO. 2179 OF 2010 IN FIRST APPEAL NO. 834 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. M.R.Desai for the Applicant. Mr. Kuldeep S. Patil for Respondent No.1. Mr. Atul Singh for Respondent No.4. CORAM : A.S.OKA, J. DATE : 28 th March, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant, the learned counsel appearing for Respondent No.1 and the learned counsel appearing for Respondent No.4. 2 The learned counsel appearing for the Applicant relies upon the finding recorded on issue No.1 by the trial Court. He submitted that the finding of the trial Court is that the Applicant and Respondent No.4 are in joint possession. He, therefore, submitted that reliefs prayed for in these applications be granted. 2 71 caf.1665.10 anr 3 It is not dispute between the parties that during the pendency of the suit, permanent accommodation was allotted only in the name of Respondent No.4 and the Respondent No.4 has been placed in possession of the permanent accommodation. 4 In the suit, there is no relief claimed as regards the permanent accommodation. Therefore, drastic reliefs in terms of prayer clause (a) of Civil Application No. 1665 of 2010 and prayer clause (b) of Civil Application No.2179 of 2010 cannot be granted. However, prayer clause (a) of Civil application No.2179 of 2010 will have to be granted as the appeal has been admitted for final hearing. 5 Hence, I pass the following order: i. Civil Application No. 1665 of 2010 is rejected; ii. Civil Application No. 2179 of 2010 is allowed in terms of prayer clause (a). It is made clear that the relief in terms of prayer clause (a) is granted in respect of permanent accommodation, which is described in paragraph No.2 of the said application. iii. Prayer clause (b) of Civil Application No. 2179 of 2010 is rejected. [ A.S.OKA, J ]