1 1209.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1209 OF 2009 with CIVIL APPLICATION NO.1517/2009 1.Shri Ashok Phulchand Bhandari & ors.. Appellants vs 1.Shri Jitendra Kumar Babulal Lalwani &ors.Respondents Mr.R.D.Soni i.b M/s Ram & Co for Appellants Mr.R.V.Govilkar for Respt nos. 1 and 2 Mr.V.R.Kasle for Respts nos.3 to 18 CORAM : J.H.BHATIA, J DATE : 24th August, 2010. P.C. 1. Heard learned counsel for the parties. The plaintiff-respondents claims to have purchased two plots of 3000 sq.ft each sometime in 1988 out of survey Nos.7/1/1,7/1/2 situated at Pune. The defendants claims to have purchased 83 ares of land of same survey Number on 5.3.2007. They also got a plan sanctioned for development purposes. According to the plaintiff, their two plots admeasuring 6000 sq.ft equivalent to 557.60 sq.mtrs are also covered in that sanctioned plan. The trial court granted injunction in favour of the plaintiff in respect of 1/6th share from 6000 sq.ft being the suit plot. That order is challenged in the present appeal by defendants. 2. After some discussion at the bar, learned counsel 2 1209.sxw for the parties agree that the appeal may be disposed of with following directions : i) The plaintiffs shall be at liberty to make a representation before the Municipal corporation pointing out the portion of the land belonging to them within 15 days from this date and defendants may file a reply to that representation within 15 days thereafter. The Municipal corporation shall hear both the parties and take a decision as to whether the land claimed by the plaintiffs is covered in the plan sanctioned in favour of defendants. If land of the plaintiff is covered in that sanctioned plan, the Municipal corporation shall identify that portion and require the defendants to modify the plan accordingly. ii) The defendants shall be at liberty to make developments and construction on the land barring the portion of land claimed by the plaintiffs till the disposal of the representation by the Municipal corporation. 3. Appeal stands disposed of accordingly. As the appeal itself is disposed of, Civil Application No.1517 of 2009 does not survive and stands disposed of accordingly. 3 1209.sxw The authorities shall act on an authenticated copy of this order. J.H.BHATIA, J