1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1079 OF 2009 IN F.A.NO.282 OF 2009 Narendra S. Raut. ..Appellant. Vs. Ramchandra K.Patil and anr. ..Respondents. Mr.G.S.Hiranandani i/by C.G.Gavnekar for the Appellant. Ms.Gouri Godse for the Respondents 1 and 2. CORAM : R.S. MOHITE, J. DATE : 21st January, 2010 PC : 1 This is an application filed by the original plaintiff. Suit of the plaintiff was for specific performance of an agreement dated 5.5.1990 and certain subsequent agreements. It is not in dispute that under the agreements, the plaintiff had laid claim of 20 gunthas from the western side of Survey No.93 Hissa No.1/A. Now nature of the land is changed and plotting of the land has been allowed. Advocate appearing for the respondents states that the Plot Nos. 1,2 and 3 adm. 612 sq. 2 mtrs. 613-sq.mtrs. And 584-sq. mtrs. respectively are presently lying vacant. The respondents agree and undertake not to alienate or construct or part with possession of Plot Nos.1,2 and 3 or any part thereof during the pendency of the appeal. It is seen that the total area occupied by these three plots comes to 1826-sq. mtrs. Though this area is slightly less than the area covered by the suit agreement, it is seen that the part of the land has been utilized for an internal road in the lay out plan. In the circumstances, offer made is very fair. Statement and undertaking is accepted. Respondent will not create any third party right or part with possession of Plot Nos. 1,2 and 3 as shown in the map annexed to the reply at Page-21. Civil Application disposed off in the aforesaid terms. It is clarified that the respondents will be entitled to develop the rest of the plots as shown in the said map. Rule made absolute in the aforesaid terms. Civil application stands disposed off. ( R.S. MOHITE, J.) 3 `