1 IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINA CIVIL JURISDICTION NOTICE OF MOTION NO. 1482 OF 2006 IN SUIT NO. 1244 OF 2006 Baba Rampratap Yadav . .....Plaintiff V. M/s Z.M. Enterprises Builders and Developers & Ors. ......Defendants Ms Savina S. Bangera i/b Mr. Anil R. Mishra for the plaintiff Mr. M.R. Yadav for the defendant No.2 CORAM : A.A. SAYED, J. DATE : 1ST JULY, 2009. P.C. 1 Heard. The suit is filed by the plaintiff for injunction and for other reliefs against the defendants. 2 The Plaintiff and Defendant No.2 are cousins. Admittedly the name of the defendant No.2 is shown in Annexure II at serial No. 49 as the occupier under the Slum Rehabilitation Scheme. By order dated 15th May, 2006 the defendant No. 2 was allowed to be inducted in the suit premises 2 and undertaking as directed is also given by him. It is not in dispute that defendant No.2 is now in occupation of the suit premises. It is also stated in the reply of Defendant No. 2 that in respect of another adjacent premises the name of the plaintiff's son was shown in the annexure II. It is submitted that the Plaintiff is now in occupation of that premises. 3. In the circumstances, the Notice of Motion is made absolute in terms of prayer clause (a) except the bracketed portion in green. The prayer clause (b) of the Notice of Motion is rejected. The undertaking given by the defendant No. 2 to continue until final disposal of the suit. 4 The Notice of Motion is disposed of accordingly. A.A. SAYED J.