1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4315 OF 2009 WITH CIVIL APPLICATION NO.4314 OF 2009 IN FIRST APPEAL NO.905 OF 2007 Shyamsunder S. Hora. ..Applicants. Vs. J.S.Hora and ors. ..Respondents. Mr.P.B.Gujar,Adv. For the Applicants. Mr.R.N.Kachare for the Respondent No.1. CORAM : R.S. MOHITE, J. DATE : 16th February, 2010 PC : 1 This is a civil application for fixing early date of hearing on the ground that the applicant is a Sr. Citizen. In the circumstances, hearing of the first appeal is expedited and the first appeal to be added to the Sr. Citizens list. Civil Application is disposed off. CIVIL APPLICATION NO.4314 OF 2009 1 1 This is a civil application taken out by the original respondents for modification of the order passed by this court on 20.11.2007 in Civil Application No.2323 of 2007 and for direction to opponent No.1 to handover one flat to the applicant as well as give half share of the consideration received by way of leave and licence from the third flat from the date of the decree. In so far as handing over of flat is concerned, since the suit was for partition, this court has stayed the actual handing over of possession. In so far as income amount is concerned, reference is made on leave and licence agreement and earning of Rs. 10,000/-p.m. from the same. Reply is filed and respondents have denied this fact. In the absence of any proof, prayer as regards amount from income earned cannot be granted. In the circumstances, civil application is dismissed. ( R.S. MOHITE, J.)