1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO. 3906 OF 2007 IN SUIT NO. 2879 OF 2007 Sureshkumar Himmatlal Shah. .... Plaintiff. V/s. Rajan Babulal Mehta. .... Defendant. ....... Mr. Ketan Chotani with Mr. Pankaj Thatte for the Plaintiff. Mr. S.K. Mishra for the Defendant. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 21ST JANUARY 2008. P.C. :- Amendment of the Motion in terms of draft tendered allowed. Counsel appearing on behalf of the Defendant states that the possession of the Plaintiff shall not be disturbed save and except in accordance with due process of law and that, in the event that the Defendant creates any third party rights in respect of the suit premises 2 namely Flat No. G/2, `A' Wing, Sheetal Palace, Borivali (East), Mumbai – 66, the Notice shall be given to the third party purchaser of the pendency of the present suit. The statement is accepted. In the circumstances, Counsel appearing on behalf of the Plaintiff does not seek further reliefs in the Notice of Motion. The Motion is accordingly disposed of. However, it is clarified that the Plaintiff would be at liberty to make a fresh application for interim relief in terms of prayer clause (bb) of the present Notice of Motion as amended, by adopting fresh proceedings at the appropriate stage. -----