1 C.A.NO. 8633/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICATION NO.8633 OF 2009 IN CIVIL APPLICATION NO.11460 OF 2006 IN SECOND APPEAL NO.998 OF 2006. Omprakash Fakirchand Mantri ...Applicant. VERSUS Dr.Manohar S/o Balwantrao Pisolkar & another. ...Respondents. ... Mr.Satish M.Godsay,Advocate for the applicant. Mr.C.R.Deshpande, Advocate for respondent No.1. ... CORAM: A.V.NIRGUDE,J. Date : 8th September, 2009. COURT’S ORDER: 1. Heard. 2. The earlier order dated 7th August, 2009 passed by this Court in Civil Application No. 2 C.A.NO. 8633/2009 11460/2006, granting relief in terms of prayer clause (D) is not disturbed. However, it is clarified that the disputed area admeasuring approximately 158 sqr. feet is proved to have been in control and possession of appellant- Manohar. On the other hand, the remaining area of portion (C) has been sold by appellant-Avinash to the present applicant-Omprakash. The applicant-Omprakash presumed that he has been sold the disputed area of the 158 sqr. feet and under such belief, he made preparation for development of the property. 3. I am shown a building plan sanctioned by the Municipal Corporation. I am also shown certain photographs depicting the present position of the area which is proposed to be developed. It is seen that though the present applicant-Omprakash intends to develop the land which he purchased from Avinash, he would not be able to disturb the area admeasuring 158 Sqr. feet, because it is protruding the rectangular land which was sold to the applicant. It appears that, with that obstruction in the demised land, the development of the demised land is rather difficult but having regard to the fact that the remaining portion of the land is in control of the applicant Omprakash, he would be able to develop the same. It is therefore, clarified that the order dated 7th August, 2009, passed by this 3 C.A.NO. 8633/2009 Court, granting relief in terms of prayer clause (D) of Civil Application NO.11460/2006, shall not come in the way of the development of the remaining portion of the demised rectangular plot. 4. In view of this order, learned Advocate appearing for the applicant-Omprakash, stated that his client would make application for getting the building plan suitably amended with exclusion of disputed area of 158 sqr. feet area. 5 It is clarified further that this order is passed without prejudice to the rights of the Respondent-Manohar. 6. Civil Application is disposed of. (A.V.NIRGUDE,J.) lkp