1 cra923 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.923 OF 2010 Shanta D. Ved & Anr. ...Applicants vs. Mulji Hirji Gosar ...Respondent Mr.J.G.SHukla i/b Mr.G.H.SHukla & Co.for the applicants Ms Geeta Shastri i/b Mr.S.P.Srivastava for the respondent CORAM : A.S.OKA,J. DATE : FEBRUARY 8,2011 P.C.: 1 Heard learned counsel for the parties. The learned counsel for the respondent has no objection if the third clause of the operative part of the impugned order dated 13 th August 2010 is quashed and set aside and liberty is granted to the respondent to file appropriate proceedings against the applicants for recovery of possession of the suit property. The learned counsel for the applicants states that to enable the respondent to file appropriate proceedings, the applicants will not part with possession of the suit property for a period of four weeks from today. The statements are accepted. 2 In view of the statements, revision application is disposed of by passing the following order : i) Following part of the impugned order, However, in view of the counterclaim made by the defendant by way of written statement and notice of motion no. 1513/2008, the suit to proceed further for the decision on merits. stands set aside. The notice of motion no.1513 of 2008 stands dismissed. ii)It will be open for the respondent to file 2 cra923 appropriate proceedings for recovery of the possession of the suit property from the applicants. iii)All contentions of the parties in that behalf kept open. iv)The statement of the learned counsel for the applicants that the applicants will not part with possession of the suit property for a period of four weeks from today is made without prejudice to the right of the applicants to oppose the proceedings adopted by the respondent. v) There will be no order as to costs. JUDGE