/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2683 OF 2008 IN SUIT NO.3400 OF 2006 Jagdish H. Sharma ...Plaintiff Vs. Kanhaiyalal N. Joshi ...Defendants --- A.C. Singh i/b. D. R. Shah for Plaintiff Mr. O.J. Menezes i/b. R.S. Tripathi for Defendants in support of Notice of Motion G.W. Mattes AGP for Respondents. ---- CORAM: V.M. KANADE J. DATED 2ND SEPTEMBER,2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Defendants and the learned Assistant Government Pleader appearing on behalf of the Respondents. This Notice of Motion is taken out by the Defendants for seeking following reliefs. “(a) That the Respondent abovenamed be directed by an / 2 / order of this Hon'ble Court to hear and decided the application made by the Defendant herein for entering his name in the City Survey record being City Survey No.600, 600/1 to 16, Plot No.169, lying and being situate at revenue village Pahadi, Goregaon (W), Mumbai – 400 062. (b) For Ad-interim and Interim relief in terms of prayer (a) above. (c) For costs of this Notice of Motion.” The Plaintiff has filed the suit for a declaration that the deed of confirmation dated 8th September, 2006, deed of conveyance and assignment dated 15th March, 2000 and General Power of Attorney dated 15th March, 2000 are illegal, null and void and for other consequential reliefs. The Plaintiff had taken out a Notice of Motion being Notice of Motion No.4275 of 2006. In this Notice of Motion, a statement was made by the learned Counsel appearing on behalf of the Plaintiff that the order has been passed in favour of the Plaintiff by the City Survey Officer. In view of the statement, this Court by an order dated 14th August, 2007 was pleased to dismiss the Notice of Motion. / 3 / Liberty was however, granted to the Plaintiff to take out a fresh Notice of Motion. 2. This Notice of Motion is taken out by the Defendants and it is submitted by the learned Counsel appearing on behalf of the Defendants states that on 28th February, 2007, the Defendants were informed by the City Survey officer that his application dated 19.9.2006 would not be decided by him, since the matter was subjudiced and a suit was filed in this court. He observed that it will not be appropriate to take up the said proceedings. The Learned Counsel appearing for the Defendants submits that he is a statutory authority. The City Survey Officer, Goregaon is under an obligation to decide the application filed by the Defendants. He submits that therefore, proper direction be given to the City Survey Officer, Goregaon to decide the application filed by the Defendants herein. 3. In my view, the said City Survey Officer ought to have decide the application on merit and in accordance with the law and should not have disposed of the said application, merely on the ground that the suit and the Notice of Motion taken out by the Plaintiff is pending in this Court. Accordingly, the Notice of Motion is allowed in terms of prayer clause (a). The / 4 / City Survey Officer is directed to decide the application filed by the Defendants herein as expeditiously as possible and in any case within a period of four months. The said application be decided in accordance with the law. All contentions of the Plaintiff and the Defendants are kept open. The City Survey Officer should decide the said application after giving a notice to the Plaintiff and the Defendants. Notice of Motion is accordingly disposed of. V.M. KANADE J.