: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1202 OF 2009 IN NOTICE OF MOTION NO.1596 OF 2009 IN B.C.C. S.C. SUIT NO.1936 OF 2009 K.R. Developers ... Appellant V/s. Shreenath Dham Co-op. Housing Society Ltd. & Ors. ... Respondents Mr.Sanjay Jain a/w A.U. Thakkar for Appellant Mr.R.S. Datar for Respondent No.1 Mr.Mahavirsingh Shekharan, Chairman of Resp. No.1, present in Court Mr.J.M. Parmar, Treasurer of Resp. No.1, present in Court CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 17, 2009 P.C.: 1. The appeal is directed against the order passed by the City Civil Court on 14.10.2009. By this order, the City Civil Court had dismissed the notice of motion preferred by the appellant. The relief claimed in the suit by the appellant was a direction to the defendants to provide the lift facility to the 11th and 12th floors of Shrinath Dham builidng, `D’ Wing since the appellant was occupying the flats on the 11th and 12th floors. It was the case of the appellant that the respondent society was preventing the appellant from using the lift to these floors. 2. After hearing the matter for some time, the parties agreed to negotiate a settlement and have not arrived at certain terms. : 2 : 3. Accordingly, the Appeal from Order is disposed of by consent on the following terms: i) The appellant undertakes to pay the arrears of maintainance of Rs.250,154/- payable by him to the society within four weeks from today. ii) The appellant further undertakes that all property taxes in respect of his flats will be paid him. He further undertakes to indemnify the society in case any demand is made on the society for property taxes in respect of these flats. iii) The appellant also undertakes to pay future maintainance in respect of the flats @Re.1.93/- sq.ft. for the built up area. iv) The appellant undertakes to inform any purchaser of these flats of the present order. v) Both the parties agree that these terms have been arrived at without prejudice to their rights and contentions. vi) The appellant undertakes to comply with the above without prejudice to his contention that the society has not been registered in accordance with law. vii) The parties agree that once the amount of Rs.250,154/- is paid by the appellant, the lift facility will be made available to him. 4. The Appeal from Order and the Suit stand disposed of in the above terms, 5. In view of the Appeal from Order being disposed of, nothing survives in Civil Application No.1503 of 2009 and the same is disposed of accordingly.