1 AO 1391 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1391 OF 2010 Ramchandra Gotarne .. appellant -versus Vijay Namdeo Gotarne .. Respondent. Mr. D.S. Sawant i/b R. B. Parab for the appellant. Mr.N. R. Dubey i/b I. K. Tripati, for respondent No.1. Ms Dipti Thosar i/b P.G. Lad, for the respondent No.9 CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. Heard learned counsel appearing for the appellant, learned counsel for the first respondent and learned counsel for respondent No.9. First respondent has tendered undertaking dated 4th March,2011. Undertaking is taken on record and marked ‘X’ for identification. Clause 2 of the said undertaking reads thus :- “2. I say that the suit No.3863 of 2006 is now ripe for hearing as pleadings are complete. I undertake that pending the hearing of the suit No.3863/2006, I shall not create any third party right nor I will part with possession in respect of the premises which will be allotted to me by the respondent No.8 as and by 2 AO 1391 OF 2010 way of permanent alternate accommodation in lieu of Room No.17, gr. Floor, Haji Kasam Haddiwala Chawl, 21, Nesbit Road, Mazgaon, Mumbai 400 010. I further undertake that my possession to the allotted premises will be subject to final outcome of the suit”. 2. The aforesaid undertakings are accepted. The aforesaid undertakings sufficiently protect the appellant during pendency of the suit. In view of the aforesaid undertakings, it is not necessary to interfere with the impugned order which is interim order. The trial Court will not be influenced by tentative findings recorded in the impugned order at the time of final hearing of the suit. It is also made clear that the undertakings which are accepted are without prejudice to the rights and contentions of the first respondent in the pending suit. 3. Accordingly appeal is disposed of. 4. Hearing of the suit is expedited. 5. Civil Application No.1716 of 2010 does not survive and the same is disposed of. (A. S. OKA, J.)