Chandka 1 APPL-401-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 401 OF 2010 IN NOTICE OF MOTION NO. 2315 OF 1999 IN SUIT NO. 3206 OF 1999 Jagdish Shankar Sawant ..Appellant versus Smt. Prema Jagannath Chodnekar & Ors. ..Respondents Mr. Suresh Rajeshwar for Appellant. Mr. V. Y. Sanglikar for Respondent Nos. 1 to 6. Ms. S. Vedpathak i/b. Maneksha & Sethna for Respondent No. 8 CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 07 February 2011. P.C. : Upon the delay being condoned, the Appeal is taken on board by consent and is called out for hearing. 2. The learned Single Judge by the impugned order dated 29 April 2010 confirmed an ad interim order of injunction dated 19 July 1999 on the ground that the ad interim order had been in force for a period of nearly eleven years and the Defendants had not taken any steps for getting the Chandka 2 APPL-401-10 order vacated. The Appellant is the First Defendant. 3. The grievance of the Appellant is that as a result of the impugned order the Appellant is precluded from handing over possession to the Developer (Respondent No. 8) with whom the Appellant claims to have entered into an Agreement dated 25 December 1997 for alternate accommodation. The learned counsel appearing on behalf of the original Plaintiffs (Respondent Nos. 1 to 6) states that his clients have no objection to the Appellant handing over possession of the premises to the Developer. Accordingly the order of injunction which was granted by the learned Single Judge shall stand modified to the extent that the Appellant is permitted to hand over possession of the premises to the Eighth Respondent, Developer in pursuance of the alleged Agreement dated 25 December 1997. Learned counsel for the Developer states that the permanent alternate accommodation which is to be constructed would take at least three years to be ready. Upon the permanent alternate accommodation being constructed and being ready for occupation in all respects, the Eighth Respondent shall furnish notice of two weeks to the original Plaintiffs and to the Appellant before handing over possession to the Appellant. In the event that the original Plaintiffs are so advised, it will be open to them at that stage to apply before the learned Single Judge for appropriate orders. It is clarified Chandka 3 APPL-401-10 that the contention of the original Plaintiffs that the Agreement dated 25 December 1997 entered into by the Appellant is an ante dated document is kept open to be addressed before the Court in appropriate proceedings. The Appeal is accordingly disposed of. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)