906-WP-2685-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2685 OF 2017 Chaitanya S. Shirole ...Petitioner Versus M/s. Sai Erectors & Ors. ...Respondents ____________________________________________________________ Mr. Anil Sakhare, Sr. Advocate i/b. Mr. Rohan S. Mirpury for the Petitioner. Mr. Atul Damle, Sr. Advocate, Mr. Jagdish G. Aradwad (Reddy) i/b. Mr. Nachiket V. Khaladkar for Respondent no.1. Mr. Vishwanth Patil with Mr. Kedar Nhavkar for Respondent No.2 (PMC). Mr. Shivkumar Nelge, Director of M/s. Sai Erectors, Respondent No.1 present. ____________________________________________________________ CORAM : SANDEEP V. MARNE, J. DATE : 4 DECEMBER 2025. P.C.: 1) The Petitioner challenges Order dated 4 August 2016, passed by 3rd Joint Civil Judge, Senior Division, Pune, rejecting the Application at Exhibit – 144 filed by the Plaintiff for conducting inspection of the suit property or in the alternative for appointment of Court Commissioner for verifying construction on the suit property. S.S. Chavan Page No. 1 of 2 SHUBHA SADANAND CHAVAN Digitally signed by SHUBHA SADANAND CHAVAN Date: 2025.12.05 15:43:47 +0530 906-WP-2685-2017.doc 2) Mr. Damle, the learned Senior Advocate appearing for Respondent No.1, on instructions of Mr. Shivkumar Nelge, Director of M/s. Sai Erectors, Respondent No.1, submits that construction of building is complete and occupancy certificate is issued. It is submitted that on instructions that Respondent No. 1 is willing to handover possession of premises agreed under Agreement dated 19 May 2003 read with Supplementary Agreement dated 7 July 2004 to the Plaintiff. Mr. Damle would further submit that Plaintiff can inspect the premises alongwith his Architect reserved for him under the two Agreements on any given date. 3) Since the Respondent No. 1 is willing to give inspection of premises reserved for Plaintiff under the two agreements, nothing would survive to be adjudicated in the present Petition. 4) Accordingly, Respondent No.1 shall grant inspection to the Petitioner of the premises reserved for him under the Agreements dated 19 May 2003 and 7 July 2004 on 8 December 2025 at 11.00 a.m. After conducting inspection, Plaintiff would be at liberty to file such Application as may be necessary in the pending Suit. 5) Writ Petition is accordingly disposed of. All contentions of parties are expressly kept open. (SANDEEP V. MARNE, J.) S.S. Chavan Page No. 2 of 2