1 APP 983 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.983 OF 2010 IN NOTICE OF MOTION NO.1357 OF 2010 IN SUIT NO.1235 OF 2010 Manmohan Ghanshyam Dalaya ..... Appellant V/s. Davesh Narendra Jani ..... Respondent Mr.Simil Purohit with Mr.Ketan Chothani i/by Lalitkumar Jain & Co., for the appellant. Mr.S.K.Jain a/w Mr.R. Vora, for the respondent. CORAM :P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 29TH SEPTEMBER, 2010 P.C. 1. This appeal is directed against the order of the learned Single Judge dated 21-04-2010 in Notice of Motion No.1357 of 2010. By the impugned order, the learned Single Judge has fixed the notice of motion for final hearing on 16-07-2010 and has not granted ad-interim order in favour of the plaintiff. The dispute is regarding allotment of flat to the plaintiff. It is the case of the plaintiff that he is entitled to get one flat admeasuring 840 sq.ft. as well as terrace admeasuring 200 sq.ft., in view of the agreement dated 16th July, 2005. 2. The learned counsel for the respondent submits that since 2 APP 983 of 2010 there is a dispute going on between plaintiff and his sister-in-law, the defendant has already given a flat admeasuring 600 sq.ft. being Flat No. 601, to the sister-in-law. The learned counsel for the plaintiff however, denied the aforesaid aspect and states that the plaintiff is entitled to get a flat admeasuring 840 sq.ft. All these aspects had not gone into by the learned Single Judge, as the notice of motion was not argued from the aforesaid angle. Since the notice of motion is fixed for hearing, we request the learned Single Judge to dispose of the notice of motion latest by 21-10-2010. The concerned parties may request the learned Single Judge to take up the notice of motion for hearing. 3. The learned counsel for the respondent states that he will keep one flat intact admeasuring 575 sq.ft.being Flat No.401 and will not transfer and alienate in any manner. So far as the dispute about 840 sq. ft. is concerned, the learned counsel for the respondent states that a flat admeasuring 600 sq.ft. is already given to sister-in-law. Whether the plaintiff is entitled to get a flat admeasuring 840 sq.ft. is a question which the learned Single Judge may decide at the time of hearing of notice of motion. In the meanwhile, the respondent shall not part with in any manner regarding Flat No.401 admeasuring 575 sq.ft. The contentions of both the sides are expressly kept open for consideration and the learned Single Judge may dispose of notice of motion uninfluenced by the 3 APP 983 of 2010 observations made in the ad-interim order and even this order. It will be open to the plaintiff to press into service the relief which he asked for in the notice of motion at the time of hearing the notice of motion. The defendant may also produce necessary evidence before the learned Single Judge pointing out the factual position as on today of the various flats and how many flats have been sold. 5. Subject to what is stated above, the appeal is disposed of. ( ANOOP V. MOHTA, J. ) ( P.B.MAJMUDAR, J. )