rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 24 OF 2007 NOTICE OF MOTION NO. 24 OF 2007 NOTICE OF MOTION NO. 24 OF 2007 IN IN IN NOTICE OF MOTION NO. 2084 OF 2005 NOTICE OF MOTION NO. 2084 OF 2005 NOTICE OF MOTION NO. 2084 OF 2005 IN IN IN SUIT NO.1907 OF 2005 SUIT NO.1907 OF 2005 SUIT NO.1907 OF 2005 Vivek Parshotam Bajaj ..Plaintiff V/s. Anil Parshotam Bajaj & Ors. ..Defendants Mr.V.V.Khemka for the Plaintiff. Mr.Anil Bajaj, Defendant No.1 present in person. Mr.Jaghani i/b.K.Ashar & Co. for the Defendant No.3. Mr.Anil D’Souza for the Defendant No.4. Mr.P.S.Shah for the Defendant No.5. Ms.Jyoti Shah i/b.M/s.Daru Shah & Co. for the Defendant No.2. CORAM: S.J. VAZIFDAR J. CORAM: S.J. VAZIFDAR J. CORAM: S.J. VAZIFDAR J. DATE : 22ND FEBRUARY,2008. DATE : 22ND FEBRUARY,2008. DATE : 22ND FEBRUARY,2008. P.C. : P.C. : P.C. : . The defendant No.1 has taken out this Notice of Motion for an order directing the Plaintiff to allow him to use and enjoy the kitchen, puja room and other rooms situated on the 6th Floor of the building Usha Villa. 2. In view of the order and judgment dated 11th December, 2006 in an earlier Notice of Motion being Notice of Motion No. 2084 of 2005, it is not possible to grant this relief. By the said order, the Notice of Motion No. 2084 of 2005 was allowed in terms of prayer clause (d) thereof. Prayer (a) of this Notice of Motion reads as under :- : 2 : "That pending the hearing and final disposal of the suit the Defendants by themselves, their servants and agents be restrained from in any way interfering with or obstructing their peaceful possession use and enjoyment of the Plaintiff in respect of the left hand side of flat on the 6th floor of the said Usha Villa Building 24, Linking Road, Santa Cruz (West), Mumbai 400 054. 3. Thus, unless the order dated 11th December, 2006 is modified or varied, the relief claimed in this Notice of Motion cannot be granted. The Notice of Motion is accordingly disposed of. *******