1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.757 OF 2009 WITH C.A.NO.944 OF 2009 M/s. Niranjan Promoters & Developers Pvt. Ltd. ..Appellant. Vs. Shree Sai Properties and Developers and others. ..Respondents. Mr. S.V. Pitre, Advocate for the Appellant. Mr.G.S.Godbole i/by P.G.Chavan for the Respondent No.1.. CORAM : R.S. MOHITE, J. DATE : 31st August, 2009 PC : 1. Heard both the parties at length. 2. The Advocate for the appellant makes a statement after taking instructions from the appellant No.2 who is present in the court that if the right of the appellant is protected by directing that TDR obtained by the surrendering the reserved plot to the Poona Municipal Corporation will not be utilised pending hearing and final disposal of the suit and direction is given against 2 alienating the suit property and creating third party right in respect of the TDR then he will not press this appeal. 3. Counsel appearing for the contesting respondent No.1 who is the original defendant in the suit makes a statement that his client will not create any third party right in the property save and except by surrendering the suit plot which is reserved area to the Poona Municipal Corporation. He makes a further statement that in lieu of such surrender to the Poona Municipal Corporation, if the defendant No.1 obtain any TDR from the Poona Municipal Corporation then such TDR will not be utilised, sold alienated or used upon any other property pending disposal of the suit. Accordingly, statements made by the counsel for the respondent No.1 are accepted. It is therefore, directed that pending hearing and final disposal of the suit being Special Civil Suit No.1339 of 2008, the defendant No.1 will not create any third party right on the suit land save and except by 3 surrendering the same to the Poona Municipal Corporeation for the purpose of obtaining TDR and upon receipt of such TDR will not sell, alienate or utilise or use the said TDR till the hearing and final disposal of the suit. With these directions, appeal stands disposed off. 4. It is made clear that the statements made and acceptance thereof are without prejudice to the rights and the contentions of the parties in the suit. All contentions are left open. 5. It is further directed that hearing of the suit is expedited and the same should be disposed off on or before 31.12.2010. CIVIL APPLICATION NO.944 OF 2009 1. As the appeal from order is disposed off, this application does not survive and the same is also disposed off. ( R.S. MOHITE, J.) 4