1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTIC OF MOTION NO.461 OF 2008 IN SUIT NO. 1833 OF 2007 Lalit A. Cherodian ...Plaintiff Vs. K. Santoshkumar & Anr. ...Defendants Mr.Prakash R. Hegade for Plaintiff Mr. A.P.Rege for Defendant No.1 CORAM: SMT.ROSHAN DALVI, J. DATED: 6 TH FEBRUARY , 2009 P.C. 1. The Suit is essentially for protecting the possession of the Plaintiff in the suit premises. The Plaintiff claims title under an Agreement for Sale with the Defendant No.1. The Defendant No.1 is admittedly the previous owner. The Agreement with the Plaintiff is disputed. The Defendant No.1 cannot recover possession, except by filing due legal process. The Defendant No.1 has followed due legal process. 2. Suit No.1824/2008 is filed in this Court for recovery of possession. The copy of the plaint is given to the Advocate for the Plaintiffs. Prayer (a), therefore, actually does not 2 survive. 3. Both the Plaintiff as well as the Defendant No.1 claim to be paying maintenance charges to the Defendant No.2, Society without prejudice to the rights and contentions of both the parties. Both the parties shall be entitled to pay maintenance to the Society, pending the Suit. 4. This Suit as well as Suit No.1824/2008 relate to the same property and is between the same parties. Both the Suites shall be tried together under common issues and common evidence. 5. Notice of Motion is disposed of accordingly. (SMT. ROSHAN DALVI, J.)