1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3679 OF 2007 IN SUIT NO. 2715 OF 2007 Vimal Builders ...Plaintiffs Vs. Nand Kumar Anant Vaity & Ors. ...Defendants Mr.P.Samdani, Sr. Counsel a/w. Mrs. Bhimekar i/b.Wadia Ghandy & Co for Plaintiffs Mr. P.M. Shah for Defendant Nos.1 to 4 Mr. J.Sekhar for Defendant No.40 CORAM: SMT.ROSHAN DALVI, J. DATED: 9TH JUNE, 2008 P.C. 1. The suit property initially belonged to Defendants 1 to 39. They entered into agreements dated 29th April, 1979 and 24th October, 1981 to develop the property with one Society, who is not a party Defendant yet. An application to bring the Society on record as party Defendant is filed and pending. The agreements came to be cancelled by them. 2. Defendants 1 to 39 later entered into an agreement with 2 regard to the suit property for granting development rights to Defendant No.40 on 4th October, 2002. The Defendant No.40 was a Lessee of the adjoining plot of land. The Defendant No.40 entered into a registered development agreement with the Plaintiffs, of the property for which he claimed development rights from Defendants 1 to 39 as well as the property of which he was Lessee. These are shown in Schedule-I and II in the agreement for development rights, and Exhibit-A1 and A2 in the plaint. 3. The registered agreement for development of the property as well as the Power of Attorney, which was executed by the Defendant No.40. Under the registered agreement for development rights, the Plaintiffs paid an initial consideration of Rs.1 Crore and further consideration of Rs.80 lacs. Further consideration was to be paid upon the Defendant No.40 performing various obligations. The conditions are not performed by the Defendant No.40, and hence, further consideration amount is not paid. 4. The suit is filed for specific performance of registered agreement of development, under which the Plaintiffs have put up certain structure. The photograph produced by the Plaintiffs are of the structure on a part of the suit property. 3 The Defendant No.40 cannot transfer the suit property or create any third party rights pending this Suit, in respect of the properties mentioned in Exhibit-A1 as well as A2 of the plaint. 5. The Advocate for Defendant No.40, who has appeared for Defendants 1 to 39 at the time of hearing of the ad-interim application, makes a statement that the Defendant No.40 shall not alienate, incorporate, transfer, create any third party rights or disturb the Plaintiffs' possession in any part of the suit properties described in Exhibit-A1 and A2 of the plaint, i.e., in terms of prayer clause (b). Hence, the Notice of Motion is made absolute in terms of prayer clause (b). 6. No order as to costs. 7. Photographs showing a structure which is stated to be the structure on the suit property signed by the Plaintiff' s Advocate is taken on record. (SMT. ROSHAN DALVI, J.)