1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.201 OF 2010 IN NOTICE OF MOTION NO.935 OF 2010 IN SUIT NO.903 OF 2010 1.Jamshed Jal Vakharia & anr. ...Appellants. Vs. Maison Belvedere Co-op.Hsg. Society Ltd. ...Respondent. --- Mr.F.Divetre, Sr Counsel with Ms.Kirtida Chandarana with Mr.Dhiraj Mhetre i/b. Mahernosh Humranwala, for Appellants. Mr.G.K.Sovani, for Respondent. CORAM: D.K.DESHMUKH & R.V.MORE,JJ. DATED: 3rd May, 2010 2 P.C.: Admit. Appeal heard finally by consent of parties. By consent of parties, the appeal is disposed of in the following terms:- 1. There shall be ad-interim order in terms of prayer clause (a) excluding the bracketed portion, operating during the pendency of the Notice of Motion no.935 of 2010. 2. The amount of Rs.60,00,000/- (Rupees Sixty lacs only) deposited by the Appellants shall be invested in fixed deposit in a nationalised bank to the credit of the suit. The learned Single Judge shall pass appropriate order in relation to that amount at the final hearing of the notice of motion. 3. The defendant-Society shall be free to hold auction, but the auction shall not be finalised and no right be created in the suit premises as a 3 consequence of auction without seeking leave of the Court. 4. The learned Single Judge is requested to hear and dispose of the notice of motion as expeditiously as possible. Appeal is disposed of. In view of the aforesaid order, Notice of Motion no.1049 of 2010 does not survive for consideration and is disposed. (D.K.DESHMUKH,J.) (R.V.MORE,J.)