1 117 ao.1112.10 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1112 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Ditendra Mishra for the Appellant. Mr. Rajeev Matkar for Respondent No.1. Mr. R.A.Lokhande i/b Mr. D.A.Nalawade for Respondent No.3. CORAM : A.S.OKA, J. DATE : 01 st March, 2011. P.C. 1 Admit. 2 The learned counsel appearing for Respondent No.1 as well as the learned counsel appearing Respondent No.3 waive service. 3 Pendency of this appeal in this Court will not operate as stay of the proceedings of the suit and the trial Court is free to proceed with the suit. [ A.S.OKA, J ] 2 117 ao.1112.10 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1372 OF 2010 IN APPEAL FROM ORDER NO. 1112 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Ditendra Mishra for the Applicant. Mr. Rajeev Matkar for Respondent No.1. Mr. R.A.Lokhande i/b Mr. D.A.Nalawade for Respondent No.3. CORAM : A.S.OKA, J. DATE : 01 st March, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 It is not in dispute that Respondent No.1 is in possession of Room No.576 as of today, and his name appears in Annexure-2. Therefore, Respondent No.1 is claiming entitlement to permanent accommodation in redeveloped building. 3 As Respondent No.1 is admittedly in possession of the existing premises, it will be open for Respondent Nos.2 and 3 to put Respondent No.1 in possession of the 3 117 ao.1112.10 anr permanent accommodation in redeveloped building to be allotted in lieu of existing premises. However, possession of Respondent No.1 will be subject to further orders, which may be passed in the appeal and in the pending suit. 4 Respondent No.1 is restrained from creating any third party rights and from parting with possession of the permanent accommodation in redeveloped property till the final disposal of the appeal. 5 Application is disposed of accordingly. [ A.S.OKA, J ]