1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No.4590 of 2008 . in First Appeal No. 1747 of 2008 Namdeo Sowar Patil .. Applicant v/s. Mapro Construction Pvt. Ltd. ..Respondents Mr. P.G. Lad i/by A.M. Saraogi for applicant. Mr. P.K. Dhakephalkar, Senior Counsel i/by A.S. Patil for Respondents. CORAM : D.B.BHOSALE & R.Y.GANOO, JJ. DATED : 26th February, 2010 P.C. : 1. Heard learned Counsel for the parties. 2. At the outset, Mr. Dhakephalkar, learned Senior Counsel for the respondent nos.1 to 4 invited our attention to the reply affidavit dated 23.9.2009 filed in the appeal and submitted that respondent nos.1 to 4 are ready and willing to leave the area equal to the share of the applicant, as indicated in the map at Exhibit “D” to the affidavit, till the disposal of the appeal. The relevant portion in paragraph 10 of the reply affidavit reads 2 thus: “The Answering Respondents submit that they want to develop the said suit property and due to this First Appeal the Answering Respondents could not develop the suit property, therefore if this Hon’ble Court comes to conclusion that Appeal requires consideration and has to be admitted then the Answering Respondents is ready and willing to leave the area equal to the share of the present appellant. The Answering submits further that the suit property is situated on both the sides of the road and if the area (A1+B2) is considered as per the map comes to 3269 sq.mtrs. which also has the opening to the said road and the said area which Answering respondent is ready to keep it vacant till final disposal of this First Appeal is far more than the area which comes to the share of the appellant. Hereto annexed and marked as Exhibit-D is the copy of the said map.” 4. In view of the affidavit, Mr. Lad, learned Counsel for the applicant, on instructions from his client, did not press the prayers in the Civil Application, and he submitted that the applicant would be satisfied if the statements made on affidavit are accepted and directions are issued to respondent nos.1 to 4 to keep the area, as shown in yellow colour in the map at Exhibit “D” to the reply affidavit, vacant till the disposal of the appeal. 5. In view of the submissions of the learned Counsel for the parties, we pass the following order: 3 (a) In view of the affidavit dated 23.09.2009, the Respondent Nos. 1 to 4 are directed to keep the area equal to the share of the applicant, as shown in the map at Exhibit “D” to the affidavit in yellow colour, vacant till the disposal of the appeal. (b) Insofar as the remaining suit property is concerned, it is open to Respondent Nos.1 to 4 to develop the same. (c) Civil Application is disposed of. [D.B.BHOSALE, J.] [R.Y.GANOO, J.]