1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 693 OF 2009 ALONGWITH CIVIL APPLICATION NO. 868 OF 2009 M/s. OZ Realty Pvt. Ltd. & Anr. .. Appellants V/s. Sudarshan Zumbarlal Bafna .. Respondent Mr. R. D. Soni i/b. M/s. Ram & Co. for the Appellants. Mr. A. M. Pungliya for the Respondent. CORAM : J. H. BHATIA, J. DATE : MARCH 22ND, 2010. P.C. : Heard the learned counsel for the parties. 2. The Respondent had filed a suit for specific performance of the contract. However, he has raised dispute about the area of the flat to be sold to him and the price which is required to be taken. After perusal of the documents, it appears that the Defendants haad agreed to sell the Row House No. 1, Type-C admeasuring 1610 square feet carpet area built up 2 area of approximately 2141 sq. feet alongwith terrace admeasuring about 600 sq. meters and parking area and open spaces of 1185 sq. feet in the scheme named as Mantri Manor Co.Operative Housing Ltd., situated on Plot No. 377 of Survey No. 24, Hissa No. 11 to 15-B/1, TPS Sangamwadi, village Ghorpadi, near Koregaon Park, Pune. 3. The Appellant who is Defendants had purchased the house with same description under the registered sale deed dated 19th October, 2006. In the agreement for sale, same description of the property is given and the lump sum price is shown. It appears that earlier the Defendants/Appellants had issued a letter terminating the contract, but, now he is willing to abide by the terms of the said contract, on payment of balance amount of consideration. 4. The learned counsel for the Plaintiff/Respondent makes a statement that the Plaintiff is also willing to pay the balance amount. In view of this following order will meet the ends of justice :- :: O R D E R :: i. The Plaintiff/Respondent shall 3 deposit the balance amount of consideration with the Trial Court within four weeks and the Defendants/Appellants shall execute the sale deed and put the Plaintiffs/Respondents in possession of the said house within eight weeks from today. The Defendants/Appellants shall be at liberty to withdraw the amount form the Court on execution of the sale deed. ii. If the Plaintiffs/Respondents fail to deposit the amount in the Court within four weeks, the interim relief granted by the Trial Court in their favour shall stand vacated. The Appeal stands disposed of accordingly. iii. As Appeal itself is disposed of, the Civil Application No. 868 of 2009, does not survive and stands disposed of accordingly. (J. H. BHATIA, J.) 4