1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR APPEAL AGAINST ORDER No. 129/2010 Sheshmal Chhogalal Pandiya -: VERSUS :- Badrilal Mohanlal Vyas and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 09, 2010. Heard Shri J.T. Gilda, learned Counsel for appellant and Shri S.P. Deshpande, learned Counsel for respondent no.1. None for respondent no.2 even today. Yesterday the matter was required to be passed over as learned counsel for respondent no.2 was not available. By consent of parties the appeal is Admitted and the same is heard finally. It is an admitted position that respondent no.2 Corporation has constructed new shopping complex by demolishing old shops. When possession was delivered to Corporation for demolition the present appellant Sheshmal was admittedly in possession. This is settled in view of the 2 judgment dated 10.03.2008 delivered in Second Appeal Nos. 205 and 206 of 1995 by me. In this situation, it is apparent that when Corporation has constructed the premises the possession of shops blocks needs to be restored and the appellant is entitled to that possession. The trial Court has by the impugned order restrained respondent no.2 Corporation from creating any third party interest in shop no.7 on ground floor and one more shop situated on first floor about the shop no.7 in this newly constructed J.D. Mall. The Court has also expedited the suit. The arrangement not only prejudices the appellant, but also prejudice pubic revenue. On same terms and conditions on which the adjacent shops are allotted by respondent no.2 Corporation to others, the present appellant shall be placed in possession and he shall honor the same obligations. However, the possession with appellant shall not in any way prejudice the stand of respondent no.1 available to him in accordance with law. The appellant shall not create any third party interest on the said shop no.7 and shop on floor above it. The appellant has filed Special Civil Suit No. 266/2008 and respondent no.1 has 3 filed Special Civil Suit No. 249/2010. Proceedings in both the suits are expedited and the Court of 3rd Joint Civil Judge, Senior Division, Amravati shall decide the same as early as possible and in any case by 30.06.2011. The impugned order dated 04.10.2010 passed below Exh.47 in Special Civil Suit No. 266/2008 and Exh.5 in Special Civil Suit No. 249/2010 is modified only to that extent. Appeal is partly allowed. No costs. JUDGE Rgd.