-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1450 OF 2006 IN SUIT NO. 1121 OF 2006. Vashdev Kewlani. ..Plaintiff. v/s. Lok Housing Construction Ltd. ..Defendants. .... Mr. R.V. Talashikar, i/b. Rachana Kantawala, for the Plaintiff. Mr.Nikhil Sallian, i/b. Pravin Mehta & Mithi & Co., for the Defendants. .... CORAM CORAM CORAM : S.J.KATHAWALLA, J. : S.J.KATHAWALLA, J. : S.J.KATHAWALLA, J. DATE DATE DATE : 17TH DECEMBER, 2008. : 17TH DECEMBER, 2008. : 17TH DECEMBER, 2008. P.C. P.C. P.C. . The notice of motion is disposed of with the following order which is passed by consent of both the parties. 2. The plaintiff will pay an amount of Rs.2,59,480/- directly to the defendant in respect of each of the flats situated in the complex of "Lok Everest" at Mulund, namely flat no.605 in Building No.B-1 & flat no.705 in Building No.C-2 (aggregating to Rs.5,18,960/-) on or before 12th January 2009. 3. Upon such payment being made to the defendant, the defendant shall hand over the vacant and peaceful possession of the said flats to the plaintiff. -2- 4. Until the said amounts are paid by the plaintiff to the defendant, the defendant will not part with the possession and or create any third party rights in any manner whatsoever in respect of the said flat no.605 in Building No.B-1 & flat no.705 in Building No.C-2, which is the subject matter of the suit. 5. Notice of motion stands disposed of accordingly. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]