1 ndm 10 cam.118.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 118 OF 2010 IN FAMILY COURT APPEAL NO. 78 OF 2003 Divorcee Jennifer A Vaz. ... APPLICANT Vs. Alloysis Peter V Vaz. ... RESPONDENT -------- Mr. S.L.Prabhu for the Applicant. Mr. Pankaj S.Shah for Respondent. -------- CORAM : A.M. KHANWILKAR and A.A. SAYED, JJ. DATE : 03 rd August, 2010. P.C. 1 The learned counsel for the Applicant tenders further affidavit in view of the liberty given in terms of the order dated 19 th July, 2010. That be filed in the Registry in the course of the day. It is noticed that the Respondent has already vacated the suit premises and handed over possession thereof to the Applicant. The controversy that remains to be examined is regarding the grievance of the Applicant that the possession of the premises as handed over is not in good condition. That aspect has been highlighted in the further affidavit filed today. At the same time, the learned counsel for the Applicant submits that if those issues are kept open to be decided by the Co-operative Court, the Applicant may not pursue the same before this Court in the present 2 Application. The learned counsel for the Respondent on instructions states that the Respondent has no objection if the said issues are kept open to be decided by the Co-operative Court, where proceedings are already pending between the parties. In view of the above submission, application is allowed to be withdrawn without prejudice to the rights and contentions of the parties in relation to the issues regarding damage caused to the premises, while handing over the possession thereof to the Applicant, if any. All questions in that behalf will be considered by the Co-operative Court as is agreed between the parties. 2 It is agreed between the parties that they will extend full cooperation to the Co-operative Court for early disposal of the proceedings being Case No. 126 of 2010. Considering the nature of controversy involved between the parties and the said proceedings have been resorted to in view of the opinion expressed by this Court on the earlier occasion, we hope and trust that the Co-operative Court shall expeditiously dispose of the said proceedings preferably within end of March, 2011. 3 Application disposed of accordingly. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]