1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1067 OF 2010 IN NOTICE OF MOTION NO.3685 OF 2009 WITH NOTICE OF MOTION NO.3050 OF 2010 IN APPEAL NO.1067 OF 2010 Rizvi Estate Hotels Pvt.Ltd. Appellant versus Sushila Puran Nath Barry and others Respondents Mr.E.P.Bharucha, Sr.Counsel a/w Sandeep Bhimekar and Pallavi Smriti i/by Wadia, Ghandy and Co. for appellant. Mr.T.N.Subramanian, Sr.Counsel a/w Rajesh Shah, Satyen Vora and Rohan Yagnik i/by Markand Gahdhi & Co. for respondent no.5. CORAM : MOHIT S. SHAH, C.J. & S.J.KATHAWALLA, J. DATE : 20th December 2010 PC : 1. The appeal is directed against an interlocutory order dated 21st September 2010 of the learned Single Judge rejecting the Notice of Motion in a suit for enforcement of agreement for sale of the suit property. 2. The suit agreement was entered into on 19th October 1979 but the suit is filed in the year 2009 i.e. after 30 years. The learned Single Judge has therefore dismissed the Notice of Motion by which the appellant- plaintiff sought to restrain the respondents-defendants from transferring and/or dealing with the suit property and also to restrain the respondents- defendants from putting up any construction on the suit land. 2 3. The case of the respondents-defendants is that the property in question was declared as a slum in the year 1977 and that the defendant nos.1 to 4 have by a Deed of Conveyance dated 22nd August 2008 transferred their rights in the property to respondent no.5/defendant no.6 who is a developer and who has already been granted a Letter of Intent by the Slum Rehabilitation Authority to put up construction on the suit property. 4. The order of the learned Single Judge is just and reasonable. Therefore, the appeal is dismissed. (CHIEF JUSTICE) (S.J.KATHAWALLA, J.)