1 AO-359-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 359 of 2011 WITH CIVIL APPLICATION NO. 498 OF 2011 IN NOTICE OF MOTION N. 966 OF 2009 IN S.C.SUIT NO. 1413 OF 2009 Namdev Waman Ulvekar .. Appellant vs. Dattatray D. Ulvekar .. Respondent Msr. A.Shareefammal,Advocate, for the appellant Mr.Pankaj Kowli, i/b. Patil Gangarkar & Co.Advocates for the respondent. CORAM: J.H.BHATIA,J. DATE : 18th July, 2011. P.C. 1. After some discussion at the Bar, the learned Counsel for the defendant/respondent makes a statement that without accepting the claim of the plaintiff/appellant and subject to all the objections raised to the tenability of the suit and claim of the plaintiff, the defendant shall not make any construction on the suit land i.e. CTS No.775/1, 2, 3 and 4, Bhandup Village, Bhandup (East) without obtaining prior permission of construction from the Municipal Corporation and that if such construction is undertaken, he shall reserve one flat of 2 AO-359-11.sxw about 750 sq. ft. built up area to meet the claim of the plaintiff in case he succeeds in the suit and shall not dispose of that flat till disposal of Short Cause Suit No.1413 of 2009. The learned Counsel for the plaintiff/appellant, on instructions, has no objection to dispose of the appeal and the application in view of the above statement. 2. The above statement of the defendant/respondent is accepted and the appeal and application stand disposed of accordingly. (J.H.BHATIA,J.)