Sulochana Dattatraya Zate And Other v. Ramakant Maruti Aher Deceased Through Mrs. Suman Ramakant Aher And Others

Dinesh Sherla 902-cac-525-18 in cra-201-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 525 OF 2018 IN CIVIL REVISION APPLICATION NO. 201 OF 2010 Sulochana D. Zate and anr.

.. Applicants vs.

Ramakant M. Aher (since deceased) Suman R. Aher and ors.

.. Respondents Mr. P.G. Karande for the Applicants.

Mr. Mandar Limaye for the Respondents.

CORAM

:

M. S. SONAK, J.

DATE :

14 DECEMBER 2018.

P.C. :- 1] The learned counsel for the respondent, on the basis of instructions from the respondents, states that the respondents have no objection to this Civil Application being made absolute in terms of the prayer clause (a). Accordingly, this Civil Application is made absolute in terms of prayer clause (a), which reads as follows:

"(a) This Honourable Court be pleased to allow the Applicant to enter into necessary agreement for provision of permanent alternative accommodation in lieu of the suit premises i.e. rearside of Room no.4, admeasuring about 100 sq.ft. on the ground floor of Heera Bhuvan, M. Chottani Road, Mahim, Mumbai - 400 016 and deliver the possession of the suit premises to the 1/2

Dinesh Sherla 902-cac-525-18 in cra-201-10 landlord/developers and accept possession of transit premises to be allotted in lieu of the suit premises and thereafter permanent alternative accommodation in the newly constructed building subject to outcome of the Civil Revision Application No.201 of 2010."

2] At the request of learned counsel for the parties, it is clarified that the aforesaid arrangement is without prejudice to the rights and contentions of both the parties and shall be subject to final outcome in Civil Revision Application No. 201 of 2010.

3] Civil Application is disposed of in the aforesaid terms. (M. S. SONAK, J.) 2/2