1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4054 OF 2010 IN FIRST APPEAL NO. 1280 OF 2010 Pritam Pratap Rath & Ors. ...Appellant/Applicant Versus Jayprakash Daji Rath & Anr. ...Respondents Mr.Vaibhav Joglekar i/b/ M/s. Vaibhav Gaikwad for the Appellant Mr.P.S.Dani i/b. Ms. Aparna Murlidharan for the Respondent No.1 Mr.S.P.Thorat for the Respondent No.2 CORAM:- A.V.NIRGUDE J. DATED:- 28th NOVEMBER, 2011. P.C. Heard. This application is disposed of in terms of following order . ORDER 1. The respondent no.2 who is MHADA shall re-transfer the suit flat in the name of the appellant no.1 and shall recover the rent etc., from him. However, during the pendency of the appeal, the respondent no. 2 shall not convey the suit flat to him. The appellant no.1 shall not 2 transfer his rights to the suit property to any third person. The appellant no.1 shall give an undertaking to the Court that during the pendency of the appeal he shall not disturb the use and occupation of the respondent no.1 in respect of the area in possession of the respondent no.1. 2. The description of the suit property is shown through the location sketch which is taken on record. The parties shall maintain the present status quo as mentioned in the location sketch. 3. The respondent no.2 shall allow the parties to the suit to carry out the repairs to the tenament in their possession and use according to their Rules. (A..V.NIRGUDE, J.)