: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.799 OF 2010 IN FIRST APPEAL NO.357 OF 2005 Keki Burjorji Mehta @ Kekee Mehtta .. Applicant V/s. Khorshed Kharshedji Fitter & Ors. .. Respondents Mr. V.B. Naik for the Applicant. Mr. H.C. Mehta i/b. Mehta & Co. for Respondent No.1. Smt. V.S. Mhaispurkar, AGP, for Respondent No.2. CORAM : SMT. NISHITA MHATRE, J. DATED : 26 TH MARCH, 2010. P.C.: 1. The Civil Application has been filed for permitting the applicant to hand over vacant possession of the suit property bearing Room No.20 at 28-28/A, J.C. Todiwala Building, Sun Mill Lane, Lower Parel, Mumbai–400013, to M/s. Rohan Developers Private Limited for redevelopment. A further prayer is sought to permit the applicant to execute necessary documents in respect of the aforesaid suit property, in respect of demolition, : 2 : redevelopment and re-grant of the same to the applicant after completion of the construction. 2. The respondent No.1 is the plaintiff before the trial Court and the applicant is defendant No.4. The Appeal has been admitted and the appellant was directed to furnish an undertaking that he would not sell, assign, transfer, alienate, encumber and/or create any third party rights or induct any third person into the suit property during the pendency of the Appeal. 3. The applicant has stated that M/s. Rohan Developers Pvt. Ltd. is redeveloping the property and, therefore, it is necessary for him to hand over possession of the suit premises to M/s. Rohan Developers Pvt. Ltd. A letter addressed by M/s. Rohan Developers Pvt. Ltd. to the applicant’s Advocate is annexed to the present Civil Application at Exhibit ‘B’ 4. The applicant and respondent No.1 agree that the applicant should hand over the suit property to : 3 : M/s. Rohan Developers Pvt. Ltd. during the pendency of the First Appeal, as required by them by letter dated 1st February, 2010. 5. The parties also agree that they would execute a joint agreement with M/s. Rohan Developers Pvt. Ltd. in respect of the new tenement which would be allotted in lieu of Room No.20 at 28-28/A, J.C. Todiwala Building, Sun Mill Lane, Lower Parel, Mumbai – 400 013. 6. The parties also agree that any rent/ compensation payable by M/s. Rohan Developers Pvt. Ltd. will be paid to the applicant till such time as he is not allotted a new flat in the redeveloped building. 7. In the event the construction is completed and occupation certificate is granted during the pendency of the First Appeal, the applicant may take possession of the new flat in the reconstructed building. : 4 : 8. The aforesaid order is subject to the result of the First Appeal. 9. Since the respondent No.1 is a senior citizen, list the First Appeal for final hearing in that category in the week commencing from 10th January, 2011.