1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5910 OF 2008 Champabai D Kharpatil & Anr. ..Petitioners. V/s. Namdeo G. Madhavi & Ors. ..Respondents. Mr.P.K.Dhakephalkar i/b.Nitin Mulye for petitioners. Mr.A.Y.Sakhare i/b. Anil Agarwal for respondent No.1. Mr.A.M.Kulkarni for Respondent No.2. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 26, 2008. DATE : AUGUST 26, 2008. DATE : AUGUST 26, 2008. P.C. : P.C. : P.C. : 1. Counsel for the parties on instruction state that the Petition can be disposed of on the terms spelt out in Order dated 22nd August, 2008. The suggestion of the Petitioners is that the allotment should not only be made subject to the outcome of the suit pending between the parties but also First Appeal No.1685 of 1996. Besides, the Respondent No.1 seeks liberty to move the trial Court in the event the Respondent NO.1 intends to create third party rights in respect of the proposed plot to be allotted by the CIDCO which application will have to be decided on its own merits afresh in accordance with 2 the law. There is no difficulty in accepting both these suggestions. 2. Petition is accordingly, disposed of on the terms referred to in the Order dated 22nd August, 2008 and the two conditions referred to hereinabove. Ordered accordingly. 3. It is once again made clear that all questions on merit are left open in the Suit as well as in the first Appeal as the case may be, to be decided in accordance with the law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)