SM 1 15.aost.5173.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.) NO. 5173 OF 2010 M/s. Akansha Developers ....Appellant. Versus Shri. Ganuji Vithal Pawar and others ....Respondents. WITH APPEAL FROM ORDER NO. 28 OF 2011 WITH CIVIL APPLICATION NO. 36 OF 2011 IN APPEAL FROM ORDER NO. 28 OF 2011 Genuji Vithal Pawar and others ....Appellants. Versus M/s. Akansha Developers ....Respondent. ____________ Mr. Kiran Bagaria i/b Krishna Kelkar for the Appellant in the AOST. No. 5173/10 and Respondent in A.O. No. 28/11. Mr. S. N. Chandrachud for the for the Respondents in AOST. No. 5173/10 and Appellants in A.O. No. 28/11. CORAM: R. M. BORDE, J. DATED : DECEMBER 12, 2011. P.C.: The purshis is presented on record by the appellant in AO.st.No.5173/10 who is respondent in A.O.No.28/11 undertaking therein that the developer shall not enter into the transaction in respect of four flats and three shops which is agreed to be transferred to the respondents under the suit agreement dated 10th April, 2007 and shall keep the same unencumbered till the final disposal of the Suit No. 1052 of 2009 pending before the SM 2 15.aost.5173.10 Trial Court. The appellant-developer also undertaken to deposit Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) before the Trial Court within two weeks from today. The appellant-developer is permitted to deposit the amount as undertaken, before the Trial Court within specified time. 2. In view of the purshis presented on record which has been accepted and marked ‘X’ for identification, both the appeals can be conveniently disposed of by directing the Trial Court to decide the pending suit expeditiously. 3. The Trial Court is directed to decide the pending Suit No. 1052 of 2009 as expeditiously as possible, preferably within a period of one year from today in accordance with the provisions of law and without being influenced by the instant order passed by this Court in these appeals from order on the basis of purshis/undertaking given by the appellant. The impugned order stands substituted in view of the purshis presented by the appellant. 4. Appeals from order stand disposed of. In view of disposal of appeal from order, pending civil application, does not survive and stands disposed of. (R. M. BORDE, J.)