:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO. 2587 OF 2005 NOTICE OF MOTION NO. 2587 OF 2005 NOTICE OF MOTION NO. 2587 OF 2005 IN IN IN SUIT NO. 2422 OF 2005 SUIT NO. 2422 OF 2005 SUIT NO. 2422 OF 2005 M/s. Facet Developers Ltd .....Plffs. Plffs. Plffs. vs. Shailesh Ganpat Phadke and anr. .....Defnds. Defnds. Defnds. Mr.V.R. Dhond i/b. Sandeep Kaur Mr.V.R. Dhond i/b. Sandeep Kaur Mr.V.R. Dhond i/b. Sandeep Kaur for the plaintiffs. for the plaintiffs. for the plaintiffs. Mr..Suresh Gole, Mr..Suresh Gole, Mr..Suresh Gole, for defendant no.1. for defendant no.1. for defendant no.1. Mr. A. Kamat i/b. Abbas Muktiar, Mr. A. Kamat i/b. Abbas Muktiar, Mr. A. Kamat i/b. Abbas Muktiar, for defendant no.2. for defendant no.2. for defendant no.2. CORAM: S.U. KAMDAR, J. DATE : 15th September, 2005. P.C. :. 1. By consent of the parties motion is placed on board and called out for hearing and final disposal. :2: 2. Learned counsel for the defendant no.1 ha tendered an undertaking dated 15.9.2005. The same is taken on record. There shall be an order directing the defendant no.1 to vacate the said premises on or before 30.9.2005 in terms of his undertaking. Learned counsel appearing for the plaintiff makes a statement that in so far as tit and bit land belonging to the defendant no.1 is concerned he is not claiming any right, title and interest inrespect thereof nor he will utilise any FSI inrespect of the said land belonging to the defendant no.1. The plaintiff undertakes that he will hand over to the defendant no.1 in the proposed building the tenament of an area of not less than 405 sq.ft. Motion disposed off accordingly. No order as to costs. sd/- ***********