IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 499 of 2006 APPEAL FROM ORDER NO. 499 of 2006 APPEAL FROM ORDER NO. 499 of 2006 Badrunisha Imtiaz Ali Shaikh .. Appellant versus Ms.Ravi Ashish Land Development .. Respondent ... Mr.Ditendra Mishra for the appellant. Mr.Anuj Narula for the respondent. CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 29th August 2006. DATED : 29th August 2006. DATED : 29th August 2006. P.C:- P.C:- P.C:- 1. Heard learned counsel for the parties. 2. By consent of the parties, following order is passed : 3. The respondent shall not dispossess the plaintiff from the flat in his possession viz. flat no.502 except by following due process of law. It is clarified that the plaintiff shall be entitled to take possession of the said suit flat by following due ...2.. process of law. The Court/authority to which an application for eviction is made shall be entitled to hear and decide the application on its own merit notwithstanding pendency of the suit in the City Civil Court. D.G. KARNIK, J D.G. KARNIK, J D.G. KARNIK, J IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION 627 OF 2006 CIVIL APPLICATION 627 OF 2006 CIVIL APPLICATION 627 OF 2006. IN IN IN APPEAL FROM ORDER NO. 499 of 2006 APPEAL FROM ORDER NO. 499 of 2006 APPEAL FROM ORDER NO. 499 of 2006 Badrunisha Imtiaz Ali Shaikh .. Appellant versus Ms.Ravi Ashish Land Development .. Respondent ... Mr.Ditendra Mishra for the appellant. Mr.Anuj Narula for the respondent. CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 29th August 2006. DATED : 29th August 2006. DATED : 29th August 2006. P.C:- P.C:- P.C:- 1. In view of the dismissal of the appeal does not survive and is disposed of. ( D.G. KARNIK, J ( D.G. KARNIK, J ( D.G. KARNIK, J. )