: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.38 OF 2008 IN CONTEMPT PETITION NO.103 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.D.D. Madon, Senior Counsel with Ms.Nina Kapadia i/b M/s.Pandya Gandhi & Co. for the Applicant. Mr.Bhandari for Respondent Nos.1 to 4. Mr.H. Toor i/b Ms.N.I. Bakali for Respondent No.5. CORAM : S.J. VAZIFDAR, J. DATED : 11TH NOVEMBER, 2008. P.C. : 1. On merits there can be little doubt that the Applicant is entitled to possession of flat No.703 in view of the decree dated 29.2.2000. By the said decree, the suit was decreed inter-alia in terms of the consent terms. The consent terms and in particular clauses 8 and 9 thereof read with the plan annexed and marked Exhibit "B" thereto, makes it : 2 : abundantly clear that what is now described as flat No.703 which is the subject matter of this Civil Application was also part of the consent terms and the consent decree. The remaining portion has allegedly been disposed of by the alleged contemnor contrary to the said decree and order. This Civil Application is not concerned with that portion. 2. Indeed Respondent Nos.1 to 4 do not dispute this position. It was however, contended that the only reason that Respondent Nos.1 to 4 have not handed over possession of the said flat No.703 to the Applicant under the said consent decree is that the order passed by the D.R.T. dated 28.5.2008 may be construed to include the said flat. 3. The parties are at liberty to either have this aspect clarified by the D.R.T. or to adopt appropriate proceedings before the D.R.T. in respect of the said flat. Subject to the said order of the D.R.T. being applicable to the said flat and being in force and : 3 : subject to any other orders that may be passed in any other proceedings that the parties may adopt, the Civil Application is made absolute in terms of prayer (a). Considering the facts and circumstances of this case, the Civil Application is also made absolute in terms of prayer (b). Needless to add that in the event of the Applicant being put in possession of the said flat, he will occupy the same in accordance with the consent decree. 4. The Civil Application is accordingly disposed of.