: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.254 OF 2008 WITH CIVIL APPLICATION NO.307 OF 2008 IN EXHIBIT 5 OF 2007 IN SPL.C.SUIT NO.184 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.J.S. Kini for the Appellant. Mr.A.A. Garge for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 18TH JUNE, 2008. P.C. : 1. The impugned order warrants no interference. The Respondent/Defendant does not even contest the Appellant’s right to take possession of the suit flat. The Respondent admits the agreement and receipt of the entire consideration. The Respondent doesn’t even deny the Plaintiff/Appellant’s right to take : 2 : possession of the premises. The entire order proceeds on the basis that the flat is with the Appellant. The learned Judge therefore rightly recorded that there is no need to give permission to the Appellant to break open the lock of the flat and to hand over possession thereof to the Appellant. Nothing prevents the Appellant from doing so. Needless to add ofcourse that these observations are only qua the Respondent and not qua any third party. 2. With the above observations, the Appeal from Order is accordingly disposed of. 3. The Civil Application is also disposed of.