IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL APPEAL APPEAL FROM ORDER NO.47 OF 2008 FROM ORDER NO.47 OF 2008 FROM ORDER NO.47 OF 2008 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO.52 OF 2008 APPLICATION NO.52 OF 2008 APPLICATION NO.52 OF 2008 GANU GOKUL GHARAT & ORS. ..APPELLANTS (Orig. Plaintiffs) v/s ANANT NARAYAN GHARAT & ORS. ..RESPONDENTS (Orig. Defendants) Mr. C.G. Gavnekar, Advocate, for the appellants. Mr. A.Y. Sakhre, Sr. Counsel, with Ms. Gouri Godse, for the respondent No.1. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: DATE: DATE: 27th March, 2008. 27th March, 2008. 27th March, 2008. P.C. P.C. P.C. 1. After lengthy arguments on facts, documentary evidence and the legal aspects and some discussion at the Bar, with consent of learned counsel for both the parties the Appeal stands disposed of with following directions:- : 2 : 2. The interim order is hereby set aside. The amount deposited by the State in Darkhast Proceeding No. 47 of 2005 pending before the Civil Judge, Senior Division, Alibag, Raigad, be transferred to the account of Special Civil Suit No. 117 of 2007 pending before the Civil Judge, Senior Division, Panvel. The learned Civil Judge, Senior Division, Panvel shall invest that amount in fixed deposit with some nationalised bank initially for a period of one year and if necesssary shall renew the FDR from time to time. 3. The defendants/respondents shall not create any third party interest in the land being allotted by CIDCO under 12.5 percent Scheme nor they shall make any development of the said land pending the suit. The trial court shall expedite the hearing and dispose of the Special Civil Suit No. 177 of 2007 as early as possible and preferably within one year. All the contentions of both the parties are left open. 4. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)