KBP 1 NMS-1893-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1893 OF 2011 IN SUIT NO.1223 OF 2005 [Mukta Vs. Lilavatiben] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Ms.R.C.Nichani i/b.M/s.Mahesh Jani & Co., for plaintiffs. Mr.K.K.Shroff & A.Amin i/b.B.Amin & Co., for defendant no.6. CORAM : R.G.KETKAR, J. DATE : 7th JULY, 2011 P.C. Heard Ms.R.C.Nichani, learned counsel for the plaintiff and Mr.K.K.Shroff, learned counsel for defendant no.6. 2] This Motion is taken out by the defendant no.6 praying for order of injunction (i) restraining the plaintiffs from acting contrary and/or doing such acts and deeds beyond the scope/ambit of the Supreme Court order dated 31 st January, 2011 passed in Civil Appeal No.1216 of 2011 including restraining the plaintiffs from demolishing/redevelopment of the suit property; (ii) restraining the plaintiffs from making representations of themselves as “owners” of the suit property; and (iii) restraining the plaintiffs from making any communication intimidating the tenants threatening to take them to competent authority. KBP 2 NMS-1893-11.sxw 3] In support of this Motion, defendant no.6 has made Affidavit dated 27th June, 2011. The learned counsel for defendant no.6 has invited my attention to the order dated 31st January, 2011 passed by the Apex Court in Civil Appeal No.1216 of 2011. 4] On behalf of the plaintiffs, plaintiff no.5 Bharat Nagjibhai Parmar has made Affidavit on 6th July, 2011. In paragraph 2 of the said Affidavit, following statements are made “ At the outset, I submit and state that the plaintiffs are not demolishing/redeveloping the suit property as is sought to be suggested therein.....” Likewise, in paragraph 3, said Bharat Parmar has made following statement :- “...... Any demolition and redevelopment of the suit property will be only after the disposal of the suit and the property being conveyed to us......” 5] The statements made by Bharat Parmar quoted hereinabove are accepted. In view of this, the learned counsel for defendant no.6 does not press Notice of Motion. KBP 3 NMS-1893-11.sxw Notice of Motion stands disposed of as not pressed. [R.G.KETKAR, J.]