1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1562 OF 2007 IN SUIT NO.723 OF 2007 Jagdish J. Mahajan ....Plaintiff V/s. Suresh J. Mahajan ....Defendant Mr.Prathamesh B. i/b Mr.S.B. Deshmukh for the Plaintiff. Mr.S.C. Naidu i/b C.R. Naidu & Co. for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 21TH AUGUST, 2009 P.C. :- 1. The relief claimed in the Notice of Motion cannot prejudice the Defendant in any manner as the Plaintiff merely seeks an order to permit the valuer appointed by him to visit the suit premises for the purpose of valuing the property. 2. Mr.Naidu, the learned counsel appearing on behalf of the Defendant submits that though the Notice of Motion is not maintainable. with a view not to leave any scope for grievance and to establish his bona-fides, the Defendant has agreed to the following order being passed :- i). The Plaintiff along with his valuer shall be entitled to visit the suit premises and inspect the same and carry out measurements. 2 Mr.Naidu has submitted a valuation report dated 20.8.2009. The same is taken on record and marked “X”. It is hoped that the Plaintiff’s valuer will co-operate and not unnecessarily cause hardship to the Defendant while making the valuation report including by taking measurement even if it is not necessary. The Plaintiff’s advocate shall give atleast seventy two hours notice in writing of the Plaintiff before visiting the suit premises. 3. The Notice of Motion is accordingly disposed of.