: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1816 OF 2008 IN SUIT NO. 1978 OF 1989 Shailaja Prabhakar Shidore & Ors. .. Plaintiffs V/s. Chhaya Vinayak Sane & Anr. .. Defendants ..... Mr. R.V. Govilkar for the plaintiffs Mr. P.G. Karande for defendant No.1 in support. ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 10th SEPTEMBER, 2009. P.C. : 1. On 15th May, 2008 this Court passed an order on the motion that the 1st defendant shall be allotted a transit accommodation of an area equal to the suit premises in the same locality in order to facilitate the 1st defendant to vacate the premises to ensure the redevelopment of the property. The 2nd defendant has stated that the alternate accommodation to be allotted in lieu of accommodation presently in the occupation of the 1st defendant shall be kept unencumbered and no third party rights shall be created in respect thereof. 2. Although the order states that the 1st defendant has agreed and undertaken not to create any third party rights whatsoever in respect of Flat No.501, it is common ground and undisputed that this flat is yet to be constructed. : 2 : The old building is demolished and the new construction is yet to be completed. In these circumstances, once the flat itself is not ready and fit for occupation, in my view, this motion can be disposed off with liberty to defendant No.1 to apply for reliefs in terms of prayer clause (b) thereof at a subsequent stage. This order is passed without prejudice to the rights and contentions of both sides. Since the old building is demolished and the order dated 15th May, 2008 to the extent, it permits handing over of possession for demolition and redevelopment has been implemented, in my view, nothing survives in this Notice of Motion. The Notice of Motion is accordingly disposed off with liberty as above. All contentions of both sides are kept open. Needless to state that as far as defendant No.2 society is concerned, it having already made a statement before this Court on 15th May, 2008 that the permanent alternate accommodation shall be kept unencumbered and no third party rights will be created in respect thereof, It will continue to be bound as by this statement and order and merely because the Motion is disposed off, it does not mean that this part of the order has been rendered ineffective or infructuous. (S.C. DHARMADHIKARI, J.)