1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3746 OF 2009 IN SUIT NO.2697 OF 2009 Mohammed Kasim Abdul Rahim and Anr. .. Plaintiffs Vs. M/s.Aafiyah Realtors and Ors. .. Defendants Mr.A.A.Maniyar i/b Mr.A.N.Maniyar for the plaintiffs Ms.E.A.Gonsalves for defendant nos.1 to 3 CORAM : S.C.Dharmadhikari, J. DATE : August 30, 2010 P.C. : 1. Heard the parties. 2. Perused the Notice of Motion and the reply affidavits, so also perused the plaint and the annexures. 3. In my view, the ad interim order as made, sufficiently protects the rights of the plaintiffs. The entitlement of the plaintiffs are shop premises, which upon construction also, are not going to be dealt with or 2 disposed of by the builders. The builders and the other defendants are agreeable to the said position being maintained till the hearing and final disposal of the suit. 4. Accordingly, Notice of Motion No.3746 of 2009 is made absolute in terms of ad interim order passed by this court on 11.11.2009. 5. Notice of Motion No.4036 of 2009 be heard alongwith the suit. ( S.C.Dharmadhikari, J. )