Abdul Sattar Haji Usman And ANR. v. The Archbishop Of Bombay And Shri Tirupati Balaji Sra Coop.Housing Society Ltd. And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3591 OF 2008 WITH NOTICE OF MOTION NO.151 OF 2013 WITH NOTICE OF MOTION NO.525 OF 2014 WITH MIS. APPLICATION NO.2 OF 2011 IN SUIT NO.2862 OF 2008 Abdul Sattar Haji Usman & Anr.

....Plaintiffs V/s.

The Archbishop of Bombay & Ors.

....Defendants ---- Mr. Shreepad Murthy a/w. Mr. Abhishek Patil i/b. Mr. Sunil S. Yadav for the plaintiffs.

Mr. Vijay M. Vaghela for the defendant nos.4 and 5. Mr. G.W. Mattos, AGP for the defendant no.2.

Mr. Vinay S. Bhorge for the respondent nos.9 & 10 (SRA). ---- CORAM : K.R.SHRIRAM,J DATE : 4th AUGUST, 2016 P.C.:- NOTICE OF MOTION NO.3591 OF 2008 This notice of motion has been taken out in the year 2008. I am told that no ad-interim relief was granted in this motion. Mr. Mattos, AGP for the defendant no.2 states that the SRA project on the suit property is almost completed and possession to all those 384 slum dwellers has been given. Mr. Murthy, counsel for the plaintiff in fairness submits that prayer clauses - (a), (b) and (c) cannot be

2/3 granted at this stage but only prayer clause -(d) be granted. As regards prayer clause - (d), the restrainment order sought is only against defendant nos.2 and 4. Admittedly the possession is with defendant no.5 and the counsel for the defendant no.5 states that they have already created third party rights in the free sale components. Since the possession is not with defendant nos.2 and 4, the question of passing any order against defendant nos.2 and 4 also does not arise.

Mr. Murthy, counsel for the plaintiffs states that leave be granted to them to approach the court, should they need any urgent orders. No such leave is required because it is always open to the parties to move the court at any time, as and when they feel necessary and the court would consider the application on its merits. In the circumstances, the notice of motion is dismissed. NOTICE OF MOTION NO.151 OF 2013 Mr. Murthy, counsel for the plaintiffs/applicants seeks leave to withdraw the notice of motion. The notice of motion is disposed as withdrawn.

3/3 NOTICE OF MOTION NO.525 OF 2014 Mr. Vijay M. Vaghela, counsel for the defendant nos.4 and 5/applicants seeks leave to withdraw the notice of motion. The notice of motion is disposed as withdrawn.

Whichever defendant has not filed written statement, they shall file the written statement and serve a copy thereof upon the plaintiffs within six weeks from today.

The suit alongwith Mis. Application No.2 of 2011 be listed for directions on 23rd September, 2016.

(K.R.SHRIRAM,J)