1 Caf-3502.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 3502 OF 2010 IN FIRST APPEAL NO. 1329 OF 2010 Mrs. Krishnabai D. Sonawane. .. Applicant Vs Mahrashtra Housing and Area Development Board & Anr. .. Respondents -- Shri Devendra Sharma for the Applicant. Shri R.A. Thorat for Respondent No.2. -- CORAM : A.S.OKA, J. DATE : 17TH JANUARY, 2011 P.C: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the 2nd Respondent. Admittedly, the 2nd Respondent is in possession of a transit accommodation. By the impugned judgment and decree, the Trial Court has upheld the rights of the 2nd Respondent. Hence, the interim relief restraining the 1st Respondent from allotting permanent accommodation to the 2nd Respondent cannot be granted. However, the 2nd Respondent will be entitled to take possession of permanent accommodation subject to usual safe-guards. Hence, I pass the following order:- ORDER (i) The 2nd Respondent shall be entitled to take possession of the permanent accommodation only 2 Caf-3502.10 after filing an undertaking in writing in this Court that the 2nd Respondent will remain in possession subject to final outcome of the appeal, the 2nd Respondent will not claim equity on the ground of allotment and that the 2nd Respondent shall not create any third party rights and shall not part with possession of the permanent accommodation till disposal of the appeal. (ii) The 1st Respondent shall hand over possession of the permanent accommodation to the 2nd Respondent only after ensuring that a compliance has been made by the 2nd Respondent with the aforesaid directions. Copy of the undertaking to be furnished to the Advocate for the Applicant. (iii) No other relief can be granted to the Applicant. (iv) The Application is disposed of in above terms. (A.S.OKA, J)