1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3457 OF 2006 IN SUIT NO.3182 OF 2003 Gokuldas Ramraya Pai .. Plaintiff Versus Jaywant Ramchandra Keni & Ors. .. Defendants Mr.D.A.Barot for plaintiff Mr.Simil Purohit i/b. Shroff & Co. for defendant Nos. 1 to 3 CORAM : S.C.DHARMADHIKARI, J. DATE : 31st March 2008 P.C. . Mr.Purohit, learned Counsel appearing for defendants states that the defendants have already filed affidavit and in the affidavit, they have already stated that they were entitled to use of F.S.I. on the suit plot, save and except the F.S.I. on D.P. Road. Plaintiffs 2 have retained only that F.S.I. and all other benefits, rights and interests were conveyed. Mr.Purohit after taking instructions from the defendants, makes a statement that the F.S.I. of D.P. Road has not been utilised and the same will not be utilised till the pendency of the suit. This statement is made without prejudice to the rights and contentions of defendants. 2. Considering this statement and the orders earlier passed, no other relief can be granted on this motion. It is accordingly disposed of. However, considering the limited controversy between the parties, hearing of the suit is expedited. (S.C.Dharmadhikari, J)