V.M.Joshi For Respdt No.1

Order - Status 5: FARAD CONTINUTION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal From Order no.8l of 2006 with Civil Application No.88 of 2006 -------------------------------------------------- Office Notes,Office Court or Judge's Order Memorandum of Coram appearence,Court's Orders & Directors and Registrar's Order Mr P.S.Dani for appellants CORAM; A.M.KHANWILKAR J. DATED 2.2.2006 P.C. . Issue notice returnable on 2.5.2006 . In addition, the appellants shall serve the concerned respondents by advocate's notice, either personally or by courier/speed post/ e-mail/fax and file an affidavit of service before the returnable date. . Status quo with regard to the suit property to be maintained by the parties till 2.5.2006.

Order - Status 8: IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.81 OF 2006 WITH CIVIL APPLICATION NO.88 OF 2006 ------------------------------------------------------------ Office Notes, Office Memorandum Court's or Judge's of Coram appearance, court's Orders. orders or direction and Prothonotery's orders. ------------------------------------------------------------ CORAM: A.M.KHANWILKAR,J DATE : 18TH APRIL, 2006. P.C. : Matter was called out in the morning session when request for keeping back the matter is made at the instance of Mr.Dani. But due to paucity of time, it will not be possible to take up this matter today. Stand over to 8th June, 2006. Ad-interim order, if any, to continue till then.

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.81 OF 2006 WITH CIVIL APPLICATION NO.88 OF 2006 Shri Katch Kadva Patidar Samaj Panvel ... Appellant Vs. Pen Co-operative Urban Bank Ltd. & Anr. ... Respondents Mr. P.S. Dani for the Appellant. Mr. G.S. Godbole for the respondent No.2. CORAM : : A.M. KHANWILKAR, J. DATED : : 8TH JUNE, 2006. P.C.: - Heard counsel for the parties. After hearing counsel for the parties, I was inclined to place this matter for final disposal. However, counsel for Respondent No.2 submits that instead of keeping the matter pending before this court, Respondent No.2 is willing to abide by the arrangement that he will not create any third party interest in the suit property or for that matter in the structure to be erected on the suit plot by him till the disposal of the suit pending before the trial court. Respondent No.2, however, submits through counsel that the construction of the structure may not be interdicted on condition that the same will be done by Respondent No.2 entirely at his risk, costs and consequences and Respondent No.2 shall not claim any equity whatsoever at the later stage of the proceedings. Respondent No.2 undertakes through counsel before this Court that in the event the Appellant succeeds before the trail court and if the trial court so directs, Respondent No.2 shall forthwith remove the structure at his own costs and consequences. Respondent No.2 is present in the court and has instructed his advocate to make this statement. The arrangement suggested by Respondent No.2, in my opinion, is a fair arrangement. In the circumstances, instead of going into the contentions which have been raised in the present appeal, in my opinion, it is in the interest of justice to accept the offer given by Respondent No.2 and direct the trial court to decide the suit expeditiously in any case by end of December, 2006. Parties through their counsel assure before this court that they will extend full cooperation for early disposal of the suit and will not seek adjournment on any count whatsoever. The order passed by the trial court stands modified to the above extent. Appeal and accompanying civil application is disposed of in the above terms with no order as to costs. (A.M. KHANWILKAR, J.)