1 caa1484-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO. 1484 OF 2009 IN APPEAL FROM ORDER NO. 395 OF 2009 ALONGWITH CIVIL APPLICATION NO. 478 OF 2008 IN APPEAL FROM ORDER NO. 316 OF 2009 Kavita K. Pawar .. Applicant v/s. Savita W. Pawar & Ors. .. Respondents .... Mr. D. P. Singh for the Applicant. .... CORAM : J. H. BHATIA, J. DATE : OCTOBER 18, 2010. P.C. Heard the learned counsel for the Applicant/original Plaintiff. 2. In spite of service, none appears for the Respondents. 3. The Appeal filed by the Plaintiff is already admitted. By this Application, the Applicant is seeking interim relief, pending the Appeal. 2 caa1484-09 3. According to the Plaintiff, Defendant No.1 is her mother, Defendant No.2 is brother and Defendant No. 3 is her sister. The family held a chawl consisting of 12 rooms, out of which two are in occupation of this family while 10 rooms were in occupation of different tenants. Defendant Nos. 1 to 3 entered into an agreement with Defendant No.4 for redevelopment without consent of the Plaintiff/Applicant. She wants that unless proportionate area in the newly developed property is reserved for her, Respondent No.4 should not allot or part with possession of the said building. As the Respondents have not appeared, it is not clear what is their stand about this. According to the Applicant some flat has been allotted to her mother, Respondent No.1. 4. In view of the above, Respondent No.4 shall not part with possession of the newly developed building unless he reserves the 1/4th portion of the building which is to be allotted to the family including Defendant Nos. 1, 2 and 3, pending the decision in A.O. No. 395 of 2009. [ J. H. BHATIA, J. ]