NMS2714-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2714 OF 2009 IN SUIT NO.717 OF 2009 M/s.Shree Umiya Corporation .. Plaintiff Versus Prakash L. Dahanukar & Anr. .. Defendants None for plaintiff Mr.Ashishchandra Rao i/b. Shardul Singh for defendant No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : 15th November 2010. P.C.: 1] The suit is filed by the plaintiffs for a declaration that they have legally and validly terminated the agreement for sale in favour of the defendants. Further, prayer is for declaration that the defendants have no right, title or interest in the suit property and, therefore, they should hand over vacant and peaceful possession thereof to the plaintiffs. 2] The motion is filed to claim interim reliefs so as to protect and NMS2714-09 2 preserve the subject matter of this litigation. 3] In these circumstances, interest of justice would be served if the notice of motion is made absolute in terms of prayer clause (a), particularly because there is no affidavit in reply and that the subject matter of the suit is an immovable property. Therefore, the motion is made absolute in terms of prayer clause (a). (S.C.DHARMADHIKARI, J)