vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1226 OF 2006 NOTICE OF MOTION NO.1226 OF 2006 NOTICE OF MOTION NO.1226 OF 2006 IN SUIT NO.2503 OF 1990 Laxmichand virji Gala & Anr. ... Plaintiffs V/s. Chandrakant Morarji & Ors. ... Defendants And Rathod Realty Pvt. Ltd. & Anr. ... Respondents Mr.Cyrus Ardeshir i/b Mulla & Mulla for Plaintiffs Mr.Gautam Mehta with Vimal Bhabhada for Defendant Mr.Vineet Naik for Respondent No.2 CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: JUNE 22, 2006 JUNE 22, 2006 JUNE 22, 2006 P.C.: P.C.: P.C.: . The Suit has been filed by the Plaintiff for a declaration of their rights in respect of property, viz., final plot No.875 of town planning Scheme IV of Mahim area. The Plaintiffs have obtained certain interim reliefs. 2. The Defendants in the present Motion are seeking an injunction against the plaintiffs restraining them from representing themselves as the owners of the land admeasuring 256 sq.metres together with the building known as Meher-e-Stan on the aforesaid property. The Defendants have also claimed an injunction against the Respondents from utilising the FSI in respect of the land beneath the building Meher-e-Stan. : 2 : 3. In my view, as rightly submitted by the learned Counsel for the Plaintiffs, the Motion is misconceived. No ad-interim relief can therefore, be granted. The Defendants cannot get any interim reliefs in the suit filed by the plaintiffs for a declaration of their rights in the property. The Defendants would have to file their independent suit as is well settled. The reliance placed by the learned counsel for the Plaintiffs on the judgment of the Karnakata High Court in the case of B.Lakshminarayan v/s. The Corporation of Cityof Bangalore & Anr., AIR 2006 KARNATAKA 135 AIR 2006 KARNATAKA 135 AIR 2006 KARNATAKA 135 is apt. 4. Notice of Motion is therefore, dismissed. 5. The learned Counsel appearing for the Defendants urges that the order of status quo be continued. Refused.