1 appeal192-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.192 OF 2011 WITH NOTICE OF MOTION NO.1709 OF 2011 IN NOTICE OF MOTION NO.1966 OF 2008 IN SUIT NO.1698 OF 2008 Messrs Manratna Developers ..Appellants Vs Megh Ratan Co-operative Housing Society Limited and ors. ..Respondents -- Dr.V.V.Tulzapurkar, Senior Advocate with Mr.S.V.Doijode & Ms.Priyanka Kothari, for appellants. Mr.H.J.Popat i/b.Mr.R.V.Govilkar, for respondent no.1. Mr.Sandeep Parikh i/b.M/s.J.Sagar & Associates, for respondent no.2. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 22 nd JUNE, 2011 P.C: Admit. By consent of the parties, Appeal is heard finally. 2] By consent of the parties, Appeal is disposed of in the following terms: 2 appeal192-11.odt (i) Learned counsel appearing for the defendant no.3 states that whatever construction the defendant no.3 wanted to make on the plot, the same has already been made, save and except the construction to be made in South-East corner of the plot. He further states that the proceedings are pending in Small Causes Court for eviction of the persons who are occupying the existing structure. The construction can be carried out on the land only after demolition of the structure. He states that as and when he is in a position to erect the construction on that portion of land, he will give notice to the plaintiffs of his intention to carry out the construction and will not carry out any construction for a period of eight weeks from the date on which the notice is served on the plaintiffs. The statement is accepted. (ii) In view of the statement made on behalf of the defendant no.3, the order which is impugned in this Appeal is set aside with liberty to the plaintiffs to apply for suitable interim order in the Suit after receipt of notice from the defendant no.3. If such Notice of Motion is taken out, it shall be considered on its own merits on the basis of material produced by the parties. 3 appeal192-11.odt (iii) Hearing of Suit No.1698 of 2008 is expedited. The learned single Judge who is dealing with the Suit, is requested to hear and dispose of the Suit as expeditiously as possible and as far as possible within a period of twelve months from today. (iv)By consent of the parties, the delay in filing written statement by the defendant no.3 is condoned. Written statement of the defendant no.3 is taken on record. 3] In view of disposal of Appeal, Notice of Motion No.1709 of 2011 does not survive and the same stands disposed of. [R.G.KETKAR, J.] [D.K.DESHMUKH, J.]