: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.355 OF 2009 Abdul Rahim Haji Abdulla ... Appellant V/s. M.C.G.M. & Ors. ... Respondents Mr.K.D. Jha for Appellant Ms.K.K. Soraan for MMC Mr.Deepak Chitnis for Respondent No.2 Mr.A.C. Gavnekar for Resp. No.3 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 3, 2010 P.C.: 1. The appeal has been preferred against an ad-interim order passed on 10.10.2008. This appeal has been filed contending that the appellant is entitled to flat No.101 in the newly constructed building pursuant to the redevelopment of the earlier structure. The appellant was a tenant in the earlier structure and therefore, is entitled to a tenament in the new building. 2. Respondent No.2 society has stated that flat No.105 has been reserved for the appellant. It admeasures 350 sq.ft. and the appellant is free to take possession of the same immediately. An affidavit of Ilyas Rasool Jagrala, Secretary of Respondent No.2 was filed before the trial Court. The contentions and the averments and statements made therein have been reiterated by the learned Counsel by appearing for respondent No.2 with respect to the aforesaid flat No.105. : 2 : 3. Since the notice of motion is still to be heard finally, in my opinion, the appeal from order need not be entertained. However, the statement made on behalf of Respondent No.2 that flat No.105 has been allotted to the appellant and it admeasures 350 sq.ft. and that the appellant is free to take possession of the same immediately is accepted. However, the acceptance of this statement does not reflect on the contentions of the appellant which have been raised in the plaint. 4. Appeal is dismissed accordingly. 5. In view of the dismissal of the appeal from order, nothing remains in civil application No.431 of 2009 and the same stands dismissed.