1 nms1278-11c vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1278 OF 2011 IN SUIT NO.944 OF 2011 WITH NOTICE OF MOTION NO.1279 OF 2011 IN SUIT NO.945 OF 2011 Sabir Ali Mazhar Hussain ....Plaintiff V/s. Abdul Quddus Rauf Ahmed ....Defendant Mr.Nikhil Karnawat i/b M/s.Viraj Maniar Associates for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 15TH SEPTEMBER, 2011. P.C. :- 1. The parties in the above suits are the same. The facts in both the suits are similar. The first suit is for specific performance of an agreement dated 20.8.2004 entered into between the parties for the sale by the defendant a flat No.202 on the second floor of the building. The second suit is also for specific performance of an agreement also dated 20.8.2004 entered into between the parties for the sale by the defendant a flat No.201 on the second floor of the building. The 2 nms1278-11c consideration in the first suit was Rs.11.00 lacs, out of which the plaintiff has paid Rs.9.00 lacs. The consideration in the second suit was Rs.11.00 which has been fully paid. The plaintiff has also paid the stamp duty and penalty in respect thereof. 2. Under the agreement, possession of the flats was to be handed over on 31.12.2005. The construction of the building is yet not complete. It is nearing completion. There has been no response from the defendant to the plaintiff’s demand for performance. Mere grant of an injunction therefore, may not suffice in the present case. 3. In the circumstances, both the notices of motion are made absolute in terms of prayers (a) and (b). The defendant shall however be permitted to complete the construction of the building and flats. Liberty to the plaintiff to apply for further reliefs only after the construction is completed.