: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3193 OF 2007 IN SUIT NO.2330 OF 2007 Kalpesh Anil Keni & Ors. ....Plaintiffs V/s. M/s.Akshay Builders & Developers & Ors.....Defendants Mr.K.R. Parekh i/b K.R. Parekh & Co. for the Plaintiffs Mr.M.S. D’Mello for Defendant Nos.1 to 3. CORAM : S.J. VAZIFDAR, J. DATED : 11TH MARCH, 2008. P.C. : 1. Mr.D’Mello, the learned counsel appearing on behalf of Defendant Nos.1 to 3 states that Defendant Nos.1 to 3 will not dispose of, alienate, encumber, part with possession of or create any third party right, title and/or interest in, to, upon or in respect of the suit property described in the development agreement (Exhibits "B" to the plaint) and in Exhibit "A" to the plaint. He further states that Defendant Nos.1 to 3 will not put up any further construction or carry on further construction activities on the suit property. The statement is accepted and it is so ordered. : 2 : 2. The learned counsel appearing on behalf of Defendant Nos.1 to 3 and the Plaintiff state that they will make a joint application to the City Survey Officer for demarcating and identifying the suit property as per Exhibits "A" and "B" to the plaint. They are at liberty to do so at their costs, charges and expenses. 3. Two sets of the photographs by the Plaintiffs and Defendant Nos.1 to 3 are tendered and are taken on record. The set of photographs tendered by the Plaintiff comprises of 15 photographs is taken on record and marked "A" collectively. The set of photographs tendered by Defendant Nos.1 to 3 comprises of 13 photographs is taken on record and marked "B" collectively. 4. The Notice of Motion is accordingly disposed of.