1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1195 OF 2006 IN SUIT NO. 4216 OF 1994 Babubhai Mohanlal Choksey .. Plaintiff Vs. M. D. Choksey Construction Co. Pvt. Ltd. & Ors. .. Defendants Ms. Manjiri Shah i/b Takore Jariwala & Associates for the Plaintiff. Mr. Anuj Narula with Pramod Bhosale i/b Jahangiani Narula Associates for the Defendants. CORAM : MRS. R. S. DALVI, J. DATE : 22nd March, 2010. P.C. 1. The suit has been filed since 1994. Various applications are taken out and orders passed by this Court and the Hon’ble Supreme Court. The orders are in force. The Court Receiver initially appointed has been discharged and directed to hand over possession of the property to the defendants. An injunction order is passed. The defendants are stated to have breached the injunction order. They have inducted a third party. No Notice of Motion upon such breach is taken out. The plaintiff requires order for payment of compensation. 2 2. The rights of the plaintiff cannot be considered upon an interim proceeding taken out 8 years after the filing of the suit. No interim relief is granted. Notice of Motion is dismissed. 3. I am told that the suit is expedited. The suit is to be heard along with another suit filed by the plaintiff. The plaintiff shall have to proceed with the hearing of the suit. Both the parties shall file their affidavit of examination-in- chief since both the parties are dominus litus in one proceeding each. 4. Place the suit on board for further directions on 8th April, 2010. (R. S. DALVI, J.)