IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 549 OF 2007 APPEAL FROM ORDER NO. 549 OF 2007 APPEAL FROM ORDER NO. 549 OF 2007 with CIVIL APPLICATION NO. 767 OF 2007 Mr. Sharad Ramrao Desai ... Appellant (Orig. Defendant) Versus Mrs. Rema Rajappan Nair & Anr. ... Respondents (Orig. Plaintiffs) Mr. V.A.Thorat, Advocate, i/b. Mr. Anilkumar K. Patil, Advocate, for the appellant. Mr. Farhan Dhubash, Advocate i/b. M/s. Daru Shah & Co. Advocates for respondents CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 3rd June, 2008. DATE: 3rd June, 2008. DATE: 3rd June, 2008. P.C. C. C. 1. With consent of the learned Counsel for both parties, without going into the merits of the case, the Appeal stands disposed of with the following directions :- The impugned order dated 28.2.2007 passed by the II Joint Civil Judge, Senior Division, Thane, below Exhibit 5 in Special Civil Suit No.14 of 2007 stands modified as follows :- (i) The defendant is restrained from alienating the suit property by sale or mortgage or by creating any third party interest. However, he shall be at liberty to give the property on leave and license basis for a period of not more than eleven months at a time under a written agreement to that effect pending the suit and the licensee who may be inducted on leave and license basis shall be made aware about the pendency of this suit and in such agreement of leave and license, a condition shall be incorporated that if the decree is passed in favour of the plaintiff, the licensee may be required to vacate the premises even before the expiry of the leave and license period. (ii) The trial Court shall expedite the hearing and disposal of the suit and shall dispose of the same, preferably within one year from this date. 2. As the Appeal itself is disposed of, the C.A. does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)