1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE NOTICE OF MOTION NO.2980 OF 2005 IN APPEAL NO.828 OF 2005 IN NOTICE OF MOTION NO.3079 OF 2002 AND NOTICE OF MOTION NO.949 OF 2004 IN SUIT NO.3569 OF 2002 1. The Salsette Parsis Association Western Express Highway & ors. Appellants vs. 1. Dara Sheriar Irani & ors. Respondents Mr.R.N.Bhagatjee for the applicant. Mr.D.S.Irani respondent no.1 in person. Mr.Percy B. Irani respondent no.3 in person. CORAM : R.M. LODHA & D.G. KARNIK, JJ. DATED : 25th November 2005 P.C. Heard. 2. Notice of motion is rejected. However, the respondents shall file an undertaking before this Court within two weeks from today that they would not create any third party right or interest in the premises in their occupation nor shall they cause any material alteration or nuisance. (R.M.LODHA, (R.M.LODHA, (R.M.LODHA, J.) J.) J.) (D. (D. (D. G. KARNIK, J.) G. KARNIK, J.) G. KARNIK, J.)