: 1 : nms-2944-07-c=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2944 OF 2007 IN SUIT NO. 2150 OF 2007 CTR Manufacturing Industries Ltd. .. Plaintiffs v/s. Priya Construction Pvt. Ltd. .. Defendants ......... Mr. Pratik Saxseria i/by Vidhi Partners for plaintiffs in support of NMS Mr. Chirag Balsara i/by M/s. Negandhi Shah and Himayatullah for defendants in support of NMS 4678/07. ......... CORAM : R.Y.GANOO, J. DATE : 1st SEPTEMBER,2010. P.C. : 1. This motion is taken out by the plaintiffs so as to seek reliefs that defendants should not create third party rights more particularly described in prayer clauses (a) and (b). As the motion was taken up for hearing, learned Counsel appearing on behalf of the plaintiffs upon instructions stated that open terrace which was agreed to be sold to the plaintiffs by agreement dated 28th July, 2004 has now been covered by the defendants pursuant to an arrangement, which was arrived at by and between the plaintiffs and the defendants and defendants are put : 2 : nms-2944-07-c=.sxw in possession of Flat No.403-B described in the plaint. After few arguments, learned advocate for the plaintiffs applied for withdrawal of the motion with liberty to take out fresh motion if in future, plaintiffs apprehend that their rights under the agreement dated 28th July, 2004 coupled with the arrangement regarding enclosure of the once upon a time open terrace are being violated. Motion is allowed to be withdrawn. Liberty as prayed for is granted. There shall be no order as to costs. (R.Y.GANOO, J.)