yet to be completed. In these circumstances, once the flat
itself is not ready and fit for occupation, in my view,
this motion can be disposed off with liberty to defendant
No.1 to apply for reliefs in terms of prayer clause (b)
thereof at a subsequent stage. This order is passed
without prejudice to the rights and contentions of both
sides. Since the old building is demolished and the order
dated 15th May, 2008 to the extent, it permits handing over
of possession for demolition and redevelopment has been
implemented, in my view, nothing survives in this Notice of
Motion. The Notice of Motion is accordingly disposed off
with liberty as above. All contentions of both sides are
kept open. Needless to state that as far as defendant No.2
society is concerned, it having already made a statement
before this Court on 15th May, 2008 that the permanent
alternate accommodation shall be kept unencumbered and no
third party rights will be created in respect thereof, It
will continue to be bound as by this statement and order
and merely because the Motion is disposed off, it does not
mean that this part of the order has been rendered
ineffective or infructuous.
