- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2348 OF 2009 in FIRST APPEAL NO.3093 OF 2006 Damodar Bhawan Cooperative Hsg Scty Ltd ... Applicant vs Pravin Dwarkadas Mavani & ors .. Respondents Mr.L.M.Acharya for Applicant Mr.D.R.Shah for Respondent no.1 Mr.Sandesh Patil for Respondent nos. 3a to3c CORAM: A.S.OKA, J DATED : 15th July, 2009 P.C. 1. Considering the nature of the prayers made in this application, the application has been assigned to this court. 2. The defendant no.2 (appellant) is stated to be in possession of shop no.5, Flat no.36, and Flat no.36A in the building in question. I have perused the orders dated 8th January, 2007, and 23rd February, 2007 passed in Civil Application No.5283 of 2006. It is clarified that the said two orders do not prevent the applicant- society from recovering the taxes and other outgoings in respect of shop no.5, Flat no.36 and Flat no.36A from the defendant no.2 (appellant). It is clarified that orders passed by this court will not come in the way of the - 2 - applicant-society adopting appropriate proceedings for recovery of the dues in respect of the said shop and said two flats. It is made clear that by this order no adjudication has been made as regards the liability of the appellant/2nd defendant to pay the amount and all questions in that behalf are kept open. Subject to what is observed above, application is disposed of. A.S.Oka, J - 3 -