*1* nms.1747.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1747 OF 2009 IN SUIT NO.760 OF 2009 Shyam M. Makharia. ..Plaintiff -Versus- Lily A. Rebello. ..Defendant .......... Chandra Naik, for the Plaintiff. None for the Defendant. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th October, 2010. P.C. 1 This is a Notice of Motion in a suit for possession and title. 2 My attention is invited to the annexures to the plaint including the order passed by the City Civil Court in a suit filed before it by the Defendant against the Plaintiff in this suit. It is contended that the suit was dismissed but the Defendant continues to be in wrongful possession of the mezzanine floor/suit premises. There is apprehension that the premises would be disposed of or third party would be inducted therein as they are shop premises and situated in a prime locality. 3 There is no affidavit in reply and none are appearing on behalf of the Defendants though they are duly served and the Advocate has entered appearance. 4 In these circumstances, prima facie case is made out for grant of interim injunction so as to preserve the subject matter of the suit. Notice of Motion is made absolute in terms of prayer clause (b). Liberty to apply for other reliefs. No order as to costs. (S.C. Dharmadhikari, J)