1 174.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 174 OF 2011 Injecto Plast Private Limited. ... Appellant. V/s. Mrs.Prashanta Shantilal Bhandari & ors. ... Respondents. T.D.Deshmukh for the appellant. R.M.Pethe for respondent No.1. CORAM: R.M.BORDE, J. DATED : 17th October 2011.. P.C. : This appeal from order can be disposed of in view of the undertaking placed on record by the appellant/defendant. In paragraph-5 of the undertaking, defendant No.1 has stated thus: “5) That without admitting the Repondents’ claim, the Appellant undertakes that if the injunction granted by The Ld.Trial court is restricted only to the extent of eastern 1 H 20 Are. i.e. property described in Para 1(b) of the plaint. The Appellant further undertake to earmark the eastern portion admeasuring 1 H 20 Are. i.e. property described in Para 1(b) of the plaint by fencing the same, thereby separating the same from undisputed portion admeasuring 1 H 12 Are. Situated on the western side. The Appellant further undertakes not to create any 3rd party interest or part with 2 174.11-ao possession with respect to property described in Para 1(b) of the plaint. It is therefore prayed that the order passed by the Ld.Civil Judge Senior Division, Pune in Spl. C.S. No.1540/2010 may kindly be modified and the Appellants may kindly be permitted to construct the factory and incidental structures upon the western portion admeasuring 1 H. 12 Are out of the suit property described in para. 1(A) of the plaint. The Appellants also be permitted to carry out their business activity upon the said portion of land.” 2. The undertaking is taken on record and marked “X” for identification. In view of the statements made in the undertaking which is placed on record and which has been accepted by the Court, this appeal from order stands disposed of. The order passed by the Second Joint Civil Judge, Senior Division, Division, Pune on 1st October 2010 stands modified and substituted in view of the terms of the undertaking placed on record and, more specifically, paragraph No. 5 thereof. 3. In view of disposal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)