ORDER 1. Delay condoned. 2. Heard Mr. Vatsalya Vigya, learned counsel appearing for the petitioner (plaintiff). Also heard Mr. Shyam Mehta, learned Senior Counsel appearing for the contesting defendant no. 1. 3. The matter pertains to, inter alia, development & construction over family property. The petitioner's claim in the partition suit was initially for 1/9th share but the said claim was revised to 1/6th share of the ancestral property. 4. To facilitate development of the property by the designated developer, the Bombay City Civil Court on 15.03.2023 (Annexure P-1) dismissed the Notice of Motion No. 676 of 2022 filed by defendant no. 1, in Suit No. 7298 of 2006. However, the High Court under the impugned order dated 23.10.2023 in the appeal filed by the aggrieved defendant, issued the following direction: "I] The Appellant and other co-owners are permitted to undertake redevelopment of the suit property through the developer chosen by them jointly with the tenants, without the consent of Plaintiff and Defendant No. l (d). II] An agreement for grant of permanent alternate accommodation in the redeveloped building admeasuring 715 square feet carpet area shall be executed in the name of Plaintiff. Similarly, another agreement for grant of permanent alternate accommodation for area admeasuring 35 7 .50 square feet shall be executed in the name of Defendant No. l(d). The Registrar of the City Civil Court or any other Officer nominated by the -- Registrar shall execute the agreement for grant of permanent alternate accommodation in the name of and on behalf of Plaintiff and Defendant No.1 (d) with the developer. (IIA). The Registrar of the City Civil Court or any other officer nominated by the Registrar shall also execute for and on behalf of the Plaintiff and Defendant No.1 (d), necessary agreements and documents that would be required for redevelopment of the suit property and to also admit its execution before the Sub Registrar. III] The agreement for grant of permanent alternate accommodation shall contain a covenant for payment of corpus amount of Rs. 41,83,333/- to Plaintiff and Rs. 20,91,666/- to Defendant No.l(d). Immediately upon execution of the permanent alternate accommodation agreement by the Registrar on behalf of the Plaintiff and Defendant No.l(d), the corpus amount of Rs. 41,83;333/- and Rs. 20,91,666/- payable to Plaintiff and Defendant 1 (d) shall be deposited by the developer in the City Civil Court. 41,83,333/- to Plaintiff and Rs. 20,91,666/- to Defendant No.l(d). Immediately upon execution of the permanent alternate accommodation agreement by the Registrar on behalf of the Plaintiff and Defendant No.l(d), the corpus amount of Rs. 41,83;333/- and Rs. 20,91,666/- payable to Plaintiff and Defendant 1 (d) shall be deposited by the developer in the City Civil Court. IV] The permanent alternate accommodation agreement to be executed by the Registrar on behalf of the Plaintiff and Defendant No. l(d) shall also contain a covenant for payment of transit rent of Rs. 33,000/- per month to Plaintiff and Rs. 13,620/- to Defendant No. l (d). The amount of transit rent shall be deposited each month by the developer in the City Civil Court. V] The permanent alternate accommodation agreement shall also contain a covenant for payment of one-time brokerage fee equivalent to one month of transit rent as well as one time relocation/ shifting charges of Rs. 10,000/-. Those amounts shall also be deposited by the developer with the City Civil Court immediately upon execution of permanent alternate accommodation agreement. VI] The amounts deposited as above shall be invested by the City Civil Court in interest bearing deposits. VII] Execution of permanent alternate accommodation agreement and deposit of various amounts as directed above shall be without prejudice to the rights and contentions of the parties in the suit. At the time of final decision of the suit, the City Civil Court shall decide the exact share of Plaintiff and Defendant No.1 (d) in the suit property and shall pass further orders with regard to their corresponding entitlements in respect of the flats in redeveloped building, corpus amount, transit rent, etc. VIII] The Plaintiff and Defendant No. l (d) shall vacate the premises in their respective occupation within two weeks of execution of permanent alternate accommodation agreement by the Registrar. VII] Upon completion of the redevelopment of the building, possession of flats admeasuring 715 square feet in respect of Plaintiff and 35 7 .50 square feet in respect of Defendant No.1 (d) shall be delivered to the Court Receiver of the City Civil Court who shall grant leave and license in respect of the same and direct deposit of license fees in the City Civil Court, to be invested in Fixed Deposit. VIII] Appellant shall ensure implementation of above directions by the developer. VIII] Appellant shall ensure implementation of above directions by the developer. IX] The City Civil Court shall proceed to decide the Suit on its own merits without being influenced by observations in this judgment or in the impugned order." 5. The primary concern raised by the learned counsel for the petitioner is with respect to the temporary accommodation that is needed for the plaintiff when the plaintiff vacates the property to facilitate the development and construction. Therefore, if the money deposited by the Developer in the Court is not allowed to be received by the plaintiff, the plaintiff will have serious difficulty in arranging for the said accommodation. 6. The learned counsel for the respondent, in his turn, submits that if an application is filed by the plaintiff to get the deposited sum (to the extent of 1/9th share), the defendant will not oppose the release of the money, to the plaintiff. It is however submitted that the plaintiff must immediately vacate the premises otherwise the construction on the ancestral property cannot commence. 7. Taking note of the above limited argument of the plaintiff towards rental for the temporary accommodation, subject to the plaintiff vacating the premises on or before 10.02.2025, the plaintiff is permitted to apply before the Bombay City Civil Court for withdrawal of the transit rent to the extent of 1/9th share of the property. Any balance sum of the deposited amount would be paid subject to the outcome of the Partition Suit. The Developer must however continue to remit the amount to the plaintiff in terms of this order and deposit the proportionate balance, in the Court. 8. The petitioner must file an undertaking before this Court within two weeks to the effect that she will hand over peaceful possession of the premises, on or before 10.02.2025. 9. With the above limited intervention, the Special Leave Petition is disposed of. Pending application(s), if any, stand closed.