1 903-ao.1400.10 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1400 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. P.K.Dhakephalkar, senior counsel, with Mr.Akash A. Singh i/b Mr. Imtiaz A. Raibakkar for the Appellants. Mr. Shoaib I. Momon for Respondent No.1. Mr. A.R.Patil, AGP for Respondent No.2. CORAM : A.S.OKA, J. DATE : 01 st March, 2011. P.C. 1 Admit. 2 The learned counsel appearing for Respondent No.1 and the learned counsel appearing for Respondent No.2 waive service. Hearing of the appeal is expedited. [ A.S.OKA, J ] 2 903-ao.1400.10 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1724 OF 2010 IN APPEAL FROM ORDER NO. 1400 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. P.K.Dhakephalkar, senior counsel, with Mr.Akash A. Singh i/b Mr. Imtiaz A. Raibakkar for the Applicants. Mr. Shoaib I. Momon for Respondent No.1. Mr. A.R.Patil, AGP for Respondent No.2. CORAM : A.S.OKA, J. DATE : 01 st March, 2011. P.C. 1 It is clarified that as a consequence of restoration of the appeal, even this application stands restored. 2 The challenge in this appeal is confined to clauses 1 to 6 of the operative part of the impugned order passed in Contempt Notice of Motion No. 1556 of 2010. The learned counsel appearing for the Applicants/Appellants on instructions states that the Applicants will not create any third party rights in respect of Flat Nos.1901, 1902 and 905 more particular described in clause (5) of the operative part of the impugned order till the disposal of the appeal. 3 903-ao.1400.10 anr 3 Hence, the civil application is disposed of by passing the following order: i. The undertaking of the Applicants through their advocate, which is recorded above is accepted ; ii. Till the final disposal of the appeal, the execution and operation of clauses 1 to 6 of the operative part of the impugned order passed in Contempt Notice of Motion No. 1556 of 2010 shall remain stayed ; iii. There will be no order as to costs ; iv. It is made clear that pendency of this appeal will not operate as stay of the proceedings of the suit and the trial Court is free to proceed with the hearing of the suit. [ A.S.OKA, J ]