: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1273 OF 2008 ALONGWITH CIVIL APPLICATION NO.1565 2008 Jay Enterprises & Ors. .. Appellants V/s. Satyam Shelters Pvt. Ltd. & Ors. .. Respondents Mr. R.S. Apte, Sr. Advocate, i/b. Mr. Ashutosh Gole for the Appellants. Mr. B.R. Zaveri for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 5 TH JANUARY, 2010. P.C.: 1. The appellants have challenged the order passed by the Joint Civil Judge, Senior Division, Kalyan on 21st October, 2008 below application at Exhibit “5” in Special Civil Suit No.211 of 2008, by which they were restrained from alienating the suit flats and from creating third party interests in the suit property pending the decision in the Suit. 2. The controversy between the parties is the area to which the respondent No.1, i.e. the original : 2 : plaintiff, is entitled. According to respondent No. 1-plaintiff, it is entitled to the flats which are described at page 100 of the present Appeal paper- book. In addition, it is entitled to an area admeasuring 2514 sq.ft. in accordance with the agreement between the parties dated 24th February, 2003. 3. The appellants-defendant Nos.1 to 4 contend that they are willing to hand over the keys of the flats described at page 100 of the Appeal paper- book within a period of two weeks from today. However, they contend that respondent No.1- plaintiff is not entitled to the area admeasuring 2514 sq.ft., as contended, but is entitled to only the area admeasuring 1304 sq.ft. in addition to the aforesaid flats. It is also contended that the injunction which has been granted by the trial Court is in respect of the entire property despite the fact that the agreement under which the respondent No.1-plaintiff claims the aforesaid area, entitles the respondent No.1-plaintiff to only 27% of the built-up area. : 3 : 4. In my opinion, the Appeal from Order can be disposed of by accepting the statements made by the learned Counsel for the appellants, on instructions from appellant No.3, who is present in Court and who is a partner of appellant No.1, that the keys of the flats described at page 100 of the Appeal paper-book would be handed over to the respondent No.1-plaintiff within a period of two weeks from today. He further states that the additional area of 1304 sq.ft. shall also be handed over to respondent No.1-plaintiff within a period of two weeks from today. Mr. Apte appearing on behalf of the appellants further submits that the appellants are willing to give an undertaking to this Court to indemnify the respondent No.1-plantiff in the event there is any controversy raised or litigation filed by the owners against the respondent No.1-plaintiff with respect to the agreement dated 24th February, 2003. 5. Accordingly, the Appeal from Order is disposed of by accepting the aforesaid statements made on behalf of the appellants. : 4 : 6. The appellants shall hand over the keys of the flats mentioned at page 100 of the Appeal Paper Book to the respondent No.1-plaintiff within a period of two weeks from today and the respondent No.1-plaintiff will accept the same. 7. The appellants shall also hand over the additional area of 1304 sq.ft. to the respondent No.1-plaintiff within a period of two weeks from today. 8. The appellants will submit an undertaking to this Court within a week from today to the effect that they will indemnify the respondent No.1- plaintiff in the event there is any controversy raised or litigation filed by the owners of the property pursuant to the agreement of 24th February, 2003. 9. On the aforesaid directions being complied, the injunction granted by the trial Court by the impugned order dated 21st October, 2008, passed by : 5 : the Joint Civil Judge, Senior Division, Kalyan, below application at Exhibit “5” in Special Civil Suit No.211 of 2008, will stand vacated. 10. The Appeal from Order is disposed of accordingly. 11. In the event the aforesaid directions are not complied within the stipulated period, the impugned order shall continue pending the trial. 12. In view of the above, Civil Application No.1565 of 2008 pending in the Appeal from Order does not survive and the same is dismissed. .......