: 1 : 13-9-nms1848-10.sxw spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1848 OF 2010 IN SUIT NO. 2172 OF 2007 Noorjahan Shahid Dawood .. Plaintiff. v/s. Abdul Samad Haji Adam Kantharia & Anr. .. Defendants ......... Ms. Mamta Sadh with Rehana Kesuri i/by Banatwala & Co. for the Plaintiff. Mr. S.K. Shinde i/by Ms.P.U.Badadare for the Defendant No.2 in support of N/Motion. Ms. Jyoti Sinhna & Mr. Kazi i/by M/s. N. Shah and Himayatullah for Defendant No.1. ......... CORAM : R.Y.GANOO, J. DATE : 13th SEPTEMBER,2010. P.C. : 1 This motion is taken out by the defendant no. 2 for permission to install additional sub-stations in the suit property. 2 The plaintiff has filed the suit for establishing her rights of pre- emption in regard to the suit plot of land. By notice of motion no. 2153 of 2008, the defendant nos. 1 and 2 and in particular, defendant no.2, : 2 : 13-9-nms1848-10.sxw who is in possession of the suit plot of land, is restrained from creating further construction. The reading of the order dated 17th October, 2008 and a continuation order dated 20th October, 2008 goes to indicate that at the time of disposal of the said notice of motion, one power station of electricity was in existence on the said suit plot of land. By the said order, the defendant no.2 is prohibited from putting up any further construction. This order dated 17.10.2008 passed in motion no. 2153 of 2008 is not challenged by the defendant no.2. 3 Defendant No.2 is owner of a plot of land which is adjacent to the suit land and has constructed a Mall on the said adjacent plot of land. The defendant no.2 is in need of more power and that is how he wants to construct one more structure in which the power station is housed and for that he moved this court for seeking permission to construct an additional structure so as to install additional power station. 4 After having perused the order passed in the notice of motion no. 2153/2008, it is clear that no more construction is permitted on the suit plot of land. If this be so, the defendant no.2 cannot be granted any more permission to put up an additional structure, particularly, when the defendant no.2 has not challenged the orders passed in the notice of Motion No. 2153 of 2008. No new case is made out as to why the : 3 : 13-9-nms1848-10.sxw defendant no.2 should be shown indulgence in the matter of creation of a new structure. Hence, this notice of motion cannot be granted. Hence, the following order is passed to dispose of this notice of motion. 5 The notice of motion is dismissed. There shall be no order as to costs. (R.Y.GANOO, J.)