: 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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.83 OF 2006 OF MOTION NO.83 OF 2006 OF MOTION NO.83 OF 2006 IN IN IN SUIT SUIT SUIT NO.55 OF 2006 NO.55 OF 2006 NO.55 OF 2006 Farida Dara Khambata & Ors. ...Plaintiffs V/s. Farokh Nauzer Kanga, Deceased, . Thru’ Natasha Kamal & Ors. ...Defendants Mr.Nitin Thakkar, Sr. Advocate, i/b. M/s.Kirit Damania & Co., for the Plaintiffs. None for the Defendants. CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 30TH SEPTEMBER, 2008. : 30TH SEPTEMBER, 2008. : 30TH SEPTEMBER, 2008. P.C. P.C. P.C. : : : . The above Notice of Motion has been filed essentially for the following reliefs :- "(a). Pending the hearing and final disposal of the above suit, that the defendants by themselves, their family members, servants, agents or otherwise howsoever, be restrained by an order of perpetual injunction of this Hon’ble Court from in any manner - (i). Disturbing or interfering with the possession by the Plaintiffs of the suit property i.e. land and bungalow standing thereon known as "Beau Rivage" situated at 36, Bhulabhai Desai Road, Mumbai - 400 026 as more particularly described : 2 : in Exhibit A to the Plaint. (ii). Purporting to deal with, dispose of, alienate, transfer, encumber or enter into any agreement in respect of the suit property described at Prayer clause (a)(i) above. (iii). Entering on the suit property described at prayer clause (a)(i) above or any part thereof. (iv). Making any representations that they have a right in the suit property or holding themselves out to be a joint owner of the suit property described at prayer clause (a)(i) above." 2. By order dated 20th January, 2006, this Court was pleased to grant the ad-interim reliefs in terms of the prayer clauses (a)(i) to (a)(iv). 3. The original defendant had expired and his legal heirs were brought on record. The learned Senior Counsel for the plaintiffs states that the legal heirs have been served with the Notice of Motion and he makes a statement that the affidavit of service will be filed within a period of one week from today. 4. No affidavit-in-reply has been filed none appears on behalf of the defendants. It appears that the defendants are not interested in pursuing the : 3 : Notice of Motion. Hence, the ad-interim reliefs granted on 20th January, 2006 are confirmed. 5. The Notice of Motion is made absolute in terms of prayer clauses (a)(i) to (a)(iv). 6. The Notice of Motion stands disposed of. [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.]