1 wp5196-11.sxw jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5196 OF 2011 Mrs. Afsari Begum B.S. Nazir and other .. Petitioners Versus Kalyan Dombivli Municipal Corporation .. Respondent Mr. Mahendra Agavekar a/w Sayed Ali for the Petitioners Mr. A. S. Rao, for the respondent CORAM: R. M. BORDE, J. DATED : 18th August, 2011 P. C. 1. Rule. Rule made returnable forthwith. 2. Heard finally with the consent of the learned counsel appearing for the respective parties, at the admission stage. 3. The petitioners-original opponents are raising exception to the order dated 15th February, 2011, passed by the Additional District Judge, Kalyan in Miscellaneous Application No. 48 of 2009. 2 wp5196-11.sxw 4. In view of the said order, the Misc. Application No. 48 of 2009, presented by the respondent-Kalyan Dombivli Municipal Corporation, seeking condonation of delay of 4 years, 4 months and 15 days, came to be allowed subject to payment of cost of Rs.10,000/-. It is informed that the amount of cost has already been deposited and the appeal preferred by the respondent herein has been registered. The appeal raises challenge to the judgment and decree passed by the Trial Court in Regular Civil Suit No. 120 of 1992, awarding damages @ Rs.200/- per day since the date of alleged demolition of the structure, belonging to the petitioners. 5. The parties to the litigation have arrived at an understanding and it is disclosed during the course of arguments that the petitioners herein are prepared to accept the offer made by the Corporation in respect of allotment of land (3 Galas ) ad-measuring 39 X 6 feet at Murbad Road, Kalyan. Proforma agreement is placed on record at page no. 162 of the compilation presented by the respondent along with affidavit sworn in by Mr. Anil Asaram Dongare, Deputy 3 wp5196-11.sxw Commissioner(Estate). It is averred in the affidavit that the space assured to be allotted the petitioners as alternate premises is still vacant and the petitioners can be accommodated. A copy of the draft agreement is annexed to the affidavit. 6. Mr. Agavekar, the learned counsel for the petitioners, on instructions, states that the offer made by the respondent corporation is accepted-able to his clients and they are prepared to enter into an agreement as proposed by the respondent, copy of which is annexed at page No. 162 of the compilation filed along with the affidavit. The parties agree that the petitioners herein shall approach the Deputy Commissioner( Estate) on 29th August, 2011 and shall execute an agreement in the prescribed proforma and thereafter, immediately on the same day, the Deputy Commissioner, (Estate) shall put the petitioners herein in possession of the premises/land. The petitioners agree to abide by the terms and conditions of the proposed agreement. 7. In view of the understanding reached between the parties, the petition can be disposed of. 4 wp5196-11.sxw 8. It is informed that the respondent- Municipal Corporation has deposited the amount as directed by the trial Court in the Judgment dated 31th January, 2005 @ Rs.200/- per day, up to 6th February, 2006. The respondent assures to deposit the balance amount for a period from 7th February, 2006 till 15th August, 2011 in the execution proceedings bearing Regular Darkhast No.58 of 2005, within three weeks from today. 9. The entitlement of the petitioners herein to receive the amount would be subject to the decision in appeal which is presented by the respondent Corporation and registered in pursuance to the decision in Misc. Application No. 48 of 2009. 10. Rule is made absolute accordingly. 11. The Trial Court shall deal with the appeal without being influenced by any of the observations made in this order and in accordance with law. 12. The contentions raised by the parties in this petition are specifically kept open. 13. The hearing of the appeal is expedited. 14. The trial court shall make an endeavour to dispose 5 wp5196-11.sxw of the appeal preferred by the respondent as expeditiously as possible, preferably within one year from today. 15. In the facts and circumstances of the case, there shall be no order as to costs. ( R. M. BORDE, J.)