1 wp3391-11.sxw jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3391 OF 2011 Dr. Ketan Anant Raj .. Petitioner Versus M/s Mavan & Sons and others .. Respondents Mr. S. D. Mogre, for the Petitioner Mr. Jaydeep Thakkar for the respondents CORAM: R. M. BORDE, J. DATED : 24th August, 2011 P. C. 1. It is pointed out that in the written statement presented by the defendants, respondents herein, in the Spl. Civil Suit No. 230 of 2010, in paragraph no. 16 it is noted that "the Defendants do not intend to create any third party interest to the suit flat, till their cancelling the agreement in respect of the suit flat with the plaintiff". In the same para, on page 160, it is noted by the defendants that “At present and/or in near future the Defendants are not interested in creating third party interest in the Suit Flat, in any manner." 2. Mr. Thakkar, the counsel for the respondents- 2 wp3391-11.sxw original defendant states, on instructions, that no steps are taken in respect of cancelling the agreement nor the defendants have deviated from their stand taken in the written statement. It is also further made clear that the defendants are not desirous to create third party interest in the suit flat. Statement is also made by the learned counsel appearing for the respondents-original defendants, that if the defendants, in future, decide to take steps as regards cancellation of the agreement or creation of third party interest in the suit flat, the defendants shall secure prior permission of the Trial Court. 3. In view of the admissions recorded in the written statement and in view of the statements made at bar, this petition does not deserve any consideration. 4. The writ petition stands rejected. 5. The trial Court, however, is directed to decide the pending suit as expeditiously as possible, preferably within one year from today. ( R. M. BORDE, J.)