1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.932 OF 2009 WITH C.A.NO.1163 OF 2009 Manish P. Jain. ..Appellant. Vs. Magnolia Vihar Co.op. Hsg. Society Ltd. and ors. ..Respondents. Mr. Bharat Choudhary i/by J.S.Choudhary for the Appellant. Mr. Vijay Hegde for the Respondent No.1. Mrs. K.K.Soraan for the B.M.C. CORAM : R.S. MOHITE, J. DATE : 16th Sept.2009. PC: 1. Both advocates heard. According to them, the appeal can be disposed off in terms of an interim arrangement which is agreeable to the parties without prejudice to their rights and contentions in the suit. Interim arrangement agreed between the parties is as follows. a) The appellant will be entitled to retain 2 the key which is admittedly handed over by the society along with their letter dated 16.4.2009. He will be permitted to use the suit premises with this key and both the parties agree that pending the suit, lock in respect of Enclosure No.1 will not be changed by either of the parties. b) It is agreed that within a period of one week from today an additional set of keys will be handed over by the appellant in the office of the respondent No.1 society and with this key the respondent No.1 society through its officers and Secretary will have access to Enclosure No.1 for the purpose of use of common amenities, making repairs, maintenance and for turning on and turning off the lights. c) That, the appellant will not create any third party right in respect of Enclosure No.1 or part with possession of the said area or any part thereof and will not make any structural changes in the said premises. 3 d) That, if any furniture and fittings in the suit premises are there or are introduced by the appellant, he will remove the same and handover the possession if directed by the court at the time of final decision of the suit and a list of such futniture or fittings made also be furnished in the office of the respondent No.1 society. e) It is also agreed that this interim arrangement will not entitle the parties to claim any equities and all contentions of the parties before the trial court are left open. 2 The appeal from order is disposed off in terms of the interim arrangement as aforesaid. 3 Hearing of the suit is expedited and the same may be disposed off on or before 31st December, 2010. (R.S. MOHITE, J.)