1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2662 OF 2009 IN APPEAL NO. 468 OF 2008 IN NOTICE OF MOTION NO. 2927 OF 2007 IN SUIT NO. 2330 OF 2001 Purshottam Associates .. Appellant Versus Peter Pereira and another .. Respondents Mr. Jayesh Mestry i/by RMG Law Asso. For the appellant Paritosh Jaiswal i/by Khaitan & Co. for respondent Nos.1 and 2 Mr. Nitin Thakkar Senior Counsel i/by Legal Associates for Respondent No.3 CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 4 th March, 2010 P.C.: 1. Heard. 2. Mr. Nitin Thakkar, Senior Counsel appearing for respondent no.3 has placed before us a copy of the order passed by the Supreme Court in Petition(s) for Special Leave to Appeal (Civil) No. 13821 of 2009, which reads as under: 2 “Heard learned counsel for the parties. On the facts of the case we dispose of this petition with a direction that the petitioner may make construction in the disputed land but this will be at their own risk and subject to the decision of the appeal pending in the High Court. We request the High Court to dispose of the appeal expeditiously. The SLP is disposed of accordingly.” 3. Defendant No. 3 has been permitted to proceed with construction in the disputed land at its own risk and subject to the decision of the appeal pending before this Court. Hence, no further Interim order is required to be passed in this motion, save and except that the appeal is required to be decided expeditiously as requested by the Apex Court. 4. Hence the motion is disposed off in terms of the order passed by the Apex Court . 5. Appeal No. 468 of 2008 is directed to be listed for hearing in the week commencing form 14 th June, 2010. (SMT. V. K. TAHILRAMANI, J.) (B.H. MARLAPALLE, J.)