KBP 1 FA1677-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION FIRST APPEAL NO.1677 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.R.S.Datar, for appellant. Mr.T.D.Deshmukh, for respondent. CORAM : R.G.KETKAR, J. DATE : 24 th JANUARY, 2011 P.C. Heard Mr.Datar, learned counsel for the appellant and Mr.T.D.Deshmukh, learned counsel for the respondent. Admit. Mr.Deshmukh waives service on behalf of the respondent. To be heard along with First Appeal No. 2048 of 2008. Call for Record and Proceedings. [R.G.KETKAR, J.] KBP 2 FA1677-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.4236 OF 2010 IN FIRST APPEAL NO.1677 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.R.S.Datar, for applicant. Mr.T.D.Deshmukh, for respondent. CORAM : R.G.KETKAR, J. DATE : 24th JANUARY, 2011 P.C. Heard Mr.R.S.Datar, learned counsel for applicant and Mr.T.D.Deshmukh, learned counsel for respondent. Rule. Mr.Deshmukh waives service for respondent. By consent of the parties, Rule is made returnable forthwith and is heard finally. By consent of the parties, it is directed that the applicant as also the respondent/opponent shall not create any third party interest in respect of Flat bearing no.102, admeasuring 661 sq. ft. built up area, situate on the first floor of `A’ wing of the building known as Madhushilp Co-operative Housing Society Ltd., Chendani, Mithbundar Road, Thane. Rule is made absolute in the aforesaid terms. Costs in the cause. [R.G.KETKAR, J.]