1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR APPEAL AGAINST ORDER NO. 66 OF 2008 (Suresh Manoharlal Suri & Ors. vs. M/s. Gold Touch Real Estate Private Ltd. & Ors. ) 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. AUGUST 12, 2008. Heard Shri Anil Kumar, learned counsel for the appellants (original defendants No. 1, 4 & 5) and Shri Dangre, learned counsel for respondent No. 1 (original plaintiff). After hearing the parties for quite some time, I found that the present appeal can be disposed of finally at this stage only and therefore time was given to both sides to consult their respective clients. After consulting respective clients, the parties have agreed to following arrangement : 1. The order dated 21.6.2007 passed below Exhibit 5 in Special Civil Suit No. 82 of 2006 shall stand modified to the extent that the registered Power of Attorney dated 9.8.2002 can be used by Respondent No.1 only for the purposes of prosecuting de-reservation proceedings before appropriate authorities and not for any other purposes. 2 2. Respondent No.1 shall not create any third party interest in the suit property of original defendants No. 1, 4 & 5 during the pendency of the suit. 3. Respondent No.1 i.e. original plaintiff shall maintain status quo in relation to suit property in every respect till then. 4. The order of de-reservation even if passed, shall not cloth Respondent No.1 – original plaintiff with any additional rights either in law or in equity. 5. Similarly, said de-reservation shall not prejudice any of the rights and contentions of original defendants No. 1, 4 & 5. All contentions in relation to agreement for development and Power of Attorney are thus kept open for consideration by the trial Court at the time of final adjudication. 6. The proceedings in Special Civil Suit No. 82 of 2006 are expedited and said suit shall be decided as early as possible and in any case within one year from the date of communication of this order to the Civil Judge, Senior Division, Nagpur. In view of the above arrangement, the impugned order stands modified to the extent of properties of defendants No. 1, 4 & 5, as mentioned above and present appeal is disposed of accordingly. JUDGE *GS.