Alex (Alexander) Joseph Dsouza And 2 ORS. v. Salim Jamal Payak And 2 ORS.

21.nms.1451.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

NOTICE OF MOTION NO. 1481 OF 2014 IN SUIT NO. 862 OF 2014 Alex (Alexander) Joseph D'souza & 2 Ors ...Applicants/Plaintiffs vs Salim Jamal Payak & 2 Ors.

...Defendants.

.....

None for the Applicants - Plaintiffs.

Mr Sahil Ansari I/b Bipin Joshi & Co. for the Defendants. .....

CORAM : B.P.COLABAWALLA, J.

MARCH 06, 2019.

P.C. :

None appears on behalf of the Applicants - Plaintiffs. When this matter was moved for ad-interim reliefs, a statement was made on behalf of the Defendants that they are in the process of developing the suit property themselves and shall make a provision for three self-contained flats each admeasuring 400 sq.ft. built up area in the new building proposed to be constructed in the suit property and further the Defendants shall not deal with or dispose of the same to any third party. This statement is continuing till today. Even though the Applicants - Plaintiffs have not appeared today, the learned advocate appearing on behalf of the Defendants, on instructions, states that without prejudice to the rights and Pg 1 of 2

21.nms.1451.2014.doc contentions of the Defendants, the aforesaid statement recorded in the ad-interim order dated 11th September, 2014, can be continued till the disposal of the suit.

In these circumstances, the ad-interim order passed by this Court on 11th September, 2014, shall continue till the final hearing and disposal of the suit. The Notice of Motion is disposed of in the aforesaid terms. No order as to costs.

(B.P.COLABAWALLA, J.) Pg 2 of 2