Single judge disposed of an appeal which was withdrawn by the appellant after obtaining an undertaking from the appellant's co-party respondent regarding possession of a flat.
Appeal disposed off as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
APPEAL FROM ORDER NO.599 OF 2007
Manohar Shamrao Gandre ...Appellant.
v.
The Thane Municipal Corporation & Anr. ...Respondents.
Mr.S.M.Oak for Sagar Joshi, advs., for the
Appellant.
Ms.Deepali Patil for R.S.Apte, advs., for
the Respondent No.1.
Shri K.S.Dewal, adv. for the Respondent Nos.2(a) and
2(b).
CORAM: J.H.BHATIA,J.
DATE: 29thNovember,2007.
P.C.
1. The learned counsel for the plaintiff/appellant
and the learned counsel for the respondent
no.2/M/s.Vrishabh Enterprises makes a statement before
the Court that as per the contract between the plaintiff
and the respondent no.2, possession of 700 sq.ft. flat
has already been given by the respondent no.2 to the
plaintiff/appellant. The learned counsel for the
respondent no.2 makes a statement on behalf of the
respondent no.2 that the construction plan has already
been sanctioned by the Bombay Municipal Corporation and
as per that plan, the respondent no.2 has already made
provision for construction on 200 sq.ft. at the ground
floor for giving possession to the plaintiff/appellant.
Respondent No.2 is willing and undertakes to hand over
200 sq.ft. carpet area at the ground floor
(residential) of Shri Vrund Co-operative Housing Society
to the plaintiff/appellant. However, at the same time,
he also makes a statement that the society has already
taken objection about the said structure because it
wants the whole of the ground floor area to be reserved
for parking. The learned counsel for the
appellant/plaintiff seeks to withdraw the appeal in view
of the undertaking given by the respondent no.2. Appeal
stands disposed off as withdrawn in view of the
aforesaid undertaking. However, this undertaking shall
be without prejudice the rights of the society in any
manner.
(J.H.BHATIA,J.)
Manohar Shamrao Gandre
The Thane Municipal Corporation
J.H.BHATIA
As recorded by the court registry
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