1 26 caf.697.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 697 OF 2011 IN FIRST APPEAL NO. 347 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Sandip Ghogre for the Applicants. Mr. V.M.Parshurami for Respondent Nos.1 and 2. Ms Asha M. Bhambwani for Respondent No.3. CORAM : A.S.OKA, J. DATE : 08 th August, 2011. P.C. . Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent Nos.1 and 2 as well as the learned counsel appearing for Respondent No.3. 2 The Applicants are the original plaintiffs. The Applicants filed a suit for declaration that being the occupiers they are entitled to permanent alternate accommodation in lieu of Room No.14 of the ground floor, Nekjat Maratha Sadan Co-operative Housing Society, Zainab Building, Tukaram Bhisaji Kadam Marg, 2 26 caf.697.11 Mumbai – 400 027. In the suit, there is a challenge to the action of allotting the permanent accommodation to Respondent No.3. 3 The Applicants claim to be in possession of the transit accommodation and the Respondent No.3 is in possession of the permanent accommodation. As Respondent No.3 has been allotted the permanent accommodation, the Applicants cannot continue to occupy the transit accommodation. The prayer in this application is for restraining the Respondent Nos.1 and 2 from disturbing the possession of the Applicants over transit accommodation. In the event, the Applicants succeed in the appeal, they will be entitled to permanent accommodation, which is already allotted to Respondent No.3. However, by its very nature, the Applicants cannot retain possession of the transit accommodation. The transit accommodation is by its very nature a temporary accommodation. The Applicants cannot claim any right in respect of transit accommodation. 4 The learned counsel appearing for the Applicants pointed out that an application has been made by the Applicants to the concerned authority in terms of the 3 26 caf.697.11 liberty granted by clause (2) of the operative part of the decree. 5 If the said application is pending, the same will have to be decided expeditiously. 6 Hence, I pass the following order: i. The application is rejected ; ii. However, time is granted to the Applicants to vacate the transit accommodation till 31 st December, 2011 subject to condition of the Applicants filing usual undertaking to vacate in this Court within a period of three weeks from today ; iii. If the usual understanding is not filed within the stipulated time, it will be open for Respondent Nos.1 and 2 to take possession of the transit accommodation ; and iv. If the application is made by the Applicants in terms of clause (2) of the operative part of the impugned order, the same shall be 4 26 caf.697.11 decided within a period of eight weeks from today by the concerned authority. [ A.S.OKA, J ]