1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2633 OF 2007 IN SUIT NO. 766 OF 1997 Rukson Construction Company .. Plaintiffs V/s. Renwick Aimeida & Ors. .. Defendants None present for plaintiffs Mr. D. D'mello for defendant No.3 Ms. P. Mhatre i/by Mr. Thakore Jariwala for defendant No.5 SMT. ROSHAN DALVI, J. DATE: 10th JUNE, 2008. P.C. :- . The Defendant No.3 has filed this Notice of Motion to expedite the hearing of the suit. The affidavit for defendant No.3 states that the hearing of related suit No. 997 of 1994 has been expedited. 2. The suit is for specific performance of an agreement entered into between the plaintiffs and defendant Nos.1 and 2. Defendant Nos.1 and 2 are the brothers of the defendant Nos. 3 and 4. 2 3. The suit property is that of the father. All the children have an equal right thereto. Defendant Nos.3 and 4 have not executed the agreement Exhibit 'B', to the plaint for which the specific performance is claimed. Defendant No.3 is the only real contesting defendant. Defendant Nos. 1 and 2, who have executed the agreement have not contested the suit. Defendant No.5 has filed his written statement on 10th July, 2007. Defendant No.3 has filed his written statement on 10th August, 2004. The issues are required to be framed in the suit between the plaintiffs and defendant Nos.3 and 5. 4. This suit shall have to be tried along with Suit No. 997 of 2004. The plaintiffs shall obtain an order from the Hon'ble the Chief Justice for assigning one Court for both the suits. Suit adjourned to 4th July, 2008. ( ROSHAN DALVI, J. )