1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 994 OF 2008 CIVIL APPLICATION NO. 994 OF 2008 CIVIL APPLICATION NO. 994 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 1078 OF 2008 CIVIL APPLICATION NO. 1078 OF 2008 CIVIL APPLICATION NO. 1078 OF 2008 IN APPEAL FROM ORDER NO. 800 OF 2007 C.A.NO. 994 OF 2008 Smt. Shirin Rangwalla ... Appellant (Orig. Defendant No.1) Versus Aditya Garg & Anr. ... Respondents C.A. NO. 1078 of 2008 Aditya Garg ... Petitioner (Org. Respondent No.1) Vs. Smt. Shirin Rangwala & Anr. ... Respondents 2 CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 9th September,2008 DATE: 9th September,2008 DATE: 9th September,2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. 2. C.A.No.994 of 2008 is filed by the appellant in A.O.No.800 of 2007 and C.A. No.1078 of 2008 is filed by the respondent in the appeal. By the order dated 17.1.2008, this Court had directed the learned Civil Judge, Senior Division, Pune, to appoint a Government approved valuer for the purpose of valuation of the suit property within two weeks. Admittedly, one Mr. M.V. Dhonde,who is the Government approved Valuer, was appointed by the Civil Judge, Senior Division, Pune. However, both the parties have a grievance about the method and manner in which he conducted himself and made the valuation. 3. With consent of all the parties,the learned Civil Judge, Senior Division, Pune, is hereby directed to ignore the valuation report submitted by Mr. Dhonde 3 and to appoint some other Government approved valuer for valuation of the suit property. 4. Mr. Anturkar, the learned Counsel for the original appellant makes a statement that he will not press the prayer clause (c), but appropriate order may be passed in respect of prayer clause (b) as the property is lying vacant without any use which is not in the interest of anybody. 5. By this prayer, the appellant/applicant seeks permission from this Court to let out the suit property on leave and license basis without creating any right in the property and subject to any further orders or directions which may be given by this Court as well as subject to the final outcome of the proceedings. After hearing the learned Counsel on both sides, I am convinced that it will be appropriate to give such permission. Therefore, the appellant Smt. Shirin Rangwalla and another i.e.the original defendants in the suit, are hereby permitted to let out the suit property on leave and license basis without creating any right in the said property, for a period of 11 months at a time, which may be renewed from time to time and subject to the final outcome of the suit, with 4 condition that in case the suit for specific performance is decreed, the defendants therein shall be liable to hand over the actual possession on the date of execution of sale deed. The defendants shall inform the licensee about this direction and shall also incorporate this condition in the agreement of leave and licence. Both these applications stand disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)