1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 127 OF 2010 IN WRIT PETITION NO. 737 OF 2009 The National Wire Heald Works Pvt.Ltd. .. ... Petitioner. Versus The State of Maharashtra & Ors. .. ... Respondents. Mr. C. M. Korde, Sr. Counsel i/by M/s. Hooseini Doctor & Co., for the Petitioner. Mr. D. A. Nalawade, Govt. Pleader for the Respondents. CORAM : F.I. REBELLO & A. A. SAYED, JJ. DATED : 22ND MARCH, 2010 P. C.: The subject matter of the petition is two C.T.S. Numbers being C.T.S. No.659 and C.T.S. No. 662/4. The case of the respondents is that there was surplus land admeasuring 294 sq.mtrs. in C.T.S. No. 659 and 1464.6 sq.mtrs. in C.T.S. No. 662/4, which they have taken possession of. 2. By the present notice of motion, what the petitioner contends is that apart from the land in C.T.S. numbers, of which possession is allegedly taken, for rest of the land the respondents have made no claim and as such that should be demarcated. The petitioner, therefore, prays that newly added respondent No.5, be called upon to demarcate the land of which alleged possession has been taken. 2 3. We have heard the learned Counsel for the petitioner and the learned Government Pleader. In our opinion, in the facts and circumstances of the case, respondent No.5 to carry out demarcating of land which according to them the possession have been taken over. Respondent No.5 to communicate to petitioner within a period of two weeks the costs to be incurred in carrying out the demarcation. The petitioner to thereafter pay the costs. The Commissioner to carry out demarcation and report to this Court within four weeks thereafter. 4. In the light of the above, notice of motion made absolute in terms of prayer clause (a). Notice of motion is disposed of. 5. Registry to place the writ petition on board after eight weeks. Sd/- (F.I. REBELLO,J.) Sd/- (A. A. SAYED, J.) 3 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 76 OF 2010 IN WRIT PETITION NO. 737 OF 2009 The National Wire Heald Works Pvt.Ltd. .. ... Petitioner. Versus The State of Maharashtra & Ors. .. ... Respondents. Mr. C. M. Korde, Sr. Counsel i/by M/s. Hooseini Doctor & Co., for the Petitioner. Mr. D. A. Nalawade, Govt. Pleader for the Respondents. CORAM : F.I. REBELLO & A. A. SAYED, JJ. DATED : 22ND MARCH, 2010 P. C.: Considering that the Chamber Summons is to add additional respondent, whose presence may be proper for disposal of the controversy, the Chamber Summons is allowed in terms of prayer clause (a). 2. Amendments to be carried out within one week from today. Sd/- (F.I. REBELLO,J.) Sd/- (A. A. SAYED, J.)