Since appeal is settled, for taking settlement pursis on record filed by advocates for both the parties and partners of appellant firm, we allow M.A.no.279/2010 which was filed for restoration of appeal no.791/2009 which was dismissed for default.  Thereby A.no.791/2009 is restored back to file. 

          The joint puris filed on record is signed by both the parties and also signed by one of the partners of appellant firm.  By this joint pursis the respondent is agreeing to pay Rs.1,37,353/- to the appellant.  He will deposit the amount in District Consumer Redressal Forum, Pune and after depositing the said amount, the vacant possession of the flat should be handed over to the respondent.  This additional amount is being paid by the respondent because initially District Consumer Redressal Forum, Pune  had passed order calculating rate of interest @9% p.a. but as per agreement the rate of interest is @18% p.a. and therefore, the respondent is agreed to pay the extra amount of Rs.1,37,353/- so that matter can be settled once for all between the parties.  As such, we pass the following order:-

                                                :-ORDER-:   

1.     M.A.No.279/2010 is allowed and A.No.791/2010 is restored back to its file.

2.     A.No.791/2009 stands disposed of as settled between the parties.

3.     Parties are directed to bear their own costs.

4.     Copies of the order herein be furnished to the parties.