1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.524 OF 2009 WITH APPEAL FROM ORDER NO.782 OF 2009 M/s.Pratima Builders & Anr. ..Appellants V/s Dadar Pratima Co-operative Housing Society Ltd., & Ors. ..Respondents ---- Mr. N.M.Sakhardande i/by S.R.Page for the appellants. Mr. P .G. Lad for respondent nos.13 & 14. Smt.K.K.Soraan for respondent nos.15 to 17. ---- Coram : R.S.MOHITE,J Date : 13th August, 2009. PC APPEAL FROM ORDER NO.782 OF 2009 1 Advocate for the appellants states that subject to his right to agitate against the order of the trial Court which is impugned in Appeal from Order No.524 of 2009, he does not wish to pursue this Appeal. Appeal is therefore, dismissed subject to the orders to be passed in Appeal from Order No.524 of 2009. APPEAL FROM ORDER NO.524 OF 2009 1 Heard all parties. Admit. By consent of parties, matter is taken up for final hearing forthwith. 2 2 This is an appeal filed by the original defendant nos.1 & 12 impugning an order dated 9.4.2009 in Notice of Motion No.3926 of 2007 taken out by the plaintiffs. This order in question was varied by an order dated 25.6.2009 which is also challenged by a separate Appeal bearing Appeal from Order No.782 of 2009. However, that Appeal from Order has been withdrawn as the present appellants do not wish to challenge the modified part of the order impugned in the present appeal. The only contention which is raised is that in the operative portion of the impugned order the defendants have been directed to execute the conveyance in favour of the plaintiffs within 30 days. It is pointed out that this is a final relief in the suit and there was no such relief sought in the Notice of Motion. Advocate for the plaintiffs agrees that such a relief was not sought in the Notice of Motion. In the circumstances, order is confirmed save and except in so far it contains a direction to execute the conveyance in favour of the plaintiffs within 30 days. This part of the order is set aside. Appeal from Order disposed off in the aforesaid terms. Advocate appearing for the MHADA states that certain areas which were required to be surrendered by the developer, have not been surrendered. That is not the subject matter of the Notice of Motion. MHADA will be at liberty to move the trial Court for such a relief. 3 As the main Appeal is disposed off, Civil Application Nos.640/2009, 843/2009 & 979/2009 does not survive and stand disposed off accordingly. (R.S.MOHITE,J) 3