- 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. jmi NOTICE OF MOTION NO.3381 OF 2008 IN SUIT NO.2757 OF 2008. Samir Jivani. ..Plaintiff. vs. Ajaz Ishtiyaque Qureshi. ..Defendant. .... Mr.Piyush Shah, for Plaintiff. Mr. Arif Lalani, Power of Attorney of Plaintiff present. Mr.Abhijeet Desai, i/b. Parul Abhyankar, for Defendant. Mr.Ajaz Qureshi, Defendant present. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 8TH MAY, 2009 : 8TH MAY, 2009 : 8TH MAY, 2009. P.C.: P.C.: P.C.: . The constituted attorney of the plaintiff is present in Court. The defendant is also present in Court. The learned Advocate for the plaintiff and the defendant have as per instructions received from their respective clients, agreed to an order in terms of prayer clause (a) of the plaint/suit. However, it is submitted on behalf of the plaintiff that the plaintiff needs some time to pay the balance amount of Rs.78 lacs. to the defendant. The learned Advocate for the defendant upon instructions from the defendant submitted that the defendant is willing to give ninety days time to the plaintiff to make the balance amount of Rs.78 - 2 - lacs. The defendant is agreeable to execute the conveyance with the plaintiff for the suit flat alongwith one parking space upon receipt of the balance sum of Rs.78 lacs. from the plaintiff within a period of 90 days. It is submitted that the defendant shall thereafter need two weeks time to handover possession of the suit flat to the plaintiff. 2. In view thereof, I pass the following orders :- (i) The suit is decreed in term of prayer clause (a) of the plaint/suit. (ii) The defendant shall execute the conveyance in favour of the plaintiff prepared by the Advocate for the plaintiff, upon the plaintiff’s making payment of the balance sum of Rs.78 lacs to the defendant, on or before 8th August 2009, which time will not be extended under any circumstances whatsoever. (iii) The defendant shall hand over the possession of the suit flat to the plaintiff within a period of 2 weeks, from the date of payment of the said amount of Rs.78 lacs by the plaintiff to the - 3 - defendant and the execution of the Conveyance by the defendant in favour of the plaintiff. (iv) The defendant shall not part with possession or create any third party rights in respect of the suit flat prior to handing over the possession of the suit flat to the plaintiff. (v) The defendant shall be at liberty to deal with the suit flat as he pleases if the plaintiff fails to pay the balance amount of Rs.78 lacs. to the defendant on or before 8th August 2009. 3. In view of the above, the suit stands disposed of with no order as to costs. Refund of Court fees as per rules. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]