1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.3920 OF 2005 MOTION NO.3920 OF 2005 MOTION NO.3920 OF 2005 inin in SUMMARY SUMMARY SUMMARY SUIT SUIT SUIT NO. 3358 OF 2005 NO. 3358 OF 2005 NO. 3358 OF 2005 Rashid Rashid Rashid Irani Irani Irani ...... Plaintiff Plaintiff Plaintiff vs vs vs Hanif Hanif Hanif S/o Haji P.Kunhi Ahmed.. S/o Haji P.Kunhi Ahmed.. S/o Haji P.Kunhi Ahmed.. Defendants Defendants Defendants & ors ors ors Mr.V.K.Shah Mr.V.K.Shah Mr.V.K.Shah i/b i/b i/b L.C.Tolat & Co for Plaintiff L.C.Tolat & Co for Plaintiff L.C.Tolat & Co for Plaintiff Mr.S.P.Srivastava Mr.S.P.Srivastava Mr.S.P.Srivastava for for for Defendant Defendant Defendant nos. 1 & 2 nos. 1 & 2 nos. 1 & 2 CORAM CORAM CORAM : : : S.J.Vazifdar, J S.J.Vazifdar, J S.J.Vazifdar, J DATED DATED DATED : : : 25th February, 2008 25th February, 2008 25th February, 2008 P.C. P.C. P.C. 1.1.1. The plaintiff has sought an order restraining The plaintiff has sought an order restraining The plaintiff has sought an order restraining the the the defendants from obstructing or preventing him defendants from obstructing or preventing him defendants from obstructing or preventing him from from from making use of the hoarding site. making use of the hoarding site. making use of the hoarding site. 2.2.2. The plaintiff claims to be a tenant in respect The plaintiff claims to be a tenant in respect The plaintiff claims to be a tenant in respect of of of the said site. Mr.Shah states that he derives the said site. Mr.Shah states that he derives the said site. Mr.Shah states that he derives the the the tenancy tenancy tenancy from the landlord who is not a party to from the landlord who is not a party to from the landlord who is not a party to the the the suit. In the plaint, it is expressly stated suit. In the plaint, it is expressly stated suit. In the plaint, it is expressly stated that that that defendant defendant defendant nos. 1 and 2 have accepted the rent nos. 1 and 2 have accepted the rent nos. 1 and 2 have accepted the rent from from from him. Mr.Shah states that the averments in the him. Mr.Shah states that the averments in the him. Mr.Shah states that the averments in the plaint plaint plaint are through inadvertance. are through inadvertance. are through inadvertance. 3.3.3. In this view of the matter, it is not possible In this view of the matter, it is not possible In this view of the matter, it is not possible toto to consider the application unless the alleged consider the application unless the alleged consider the application unless the alleged error error error is first rectified. is first rectified. is first rectified. 2 4.4.4. Notice of Motion is dismissed. Notice of Motion is dismissed. Notice of Motion is dismissed.