1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 38 OF 2003 IN SUIT NO.1534 OF 1982 Mr.Rustom Boman Irani ...Plaintiff vs. M/s.Rizvi Builders & Ors. ...Defendants Mr.Y.R. Shah for the Plaintiff. Mr.Asgarali Shaikh i/b. Mr.Deepak Lad for Defendant No.1. Mr.S.R. Shrivastav i/b. M/s.Puranik & Co. for Defendant No.2. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 8, 2009 P.C. :- 1 Heard Counsel for the plaintiff. 2 It is the case of the plaintiff that the original sanction plans are missing and this fact is acknowledged by the BMC who have in para 17 of the written statement mentioned this fact. 3 The Plaintiff, therefore, prays that 2 Architect may be appointed of this Court to visit the structures and measure the actual floor space index consumed by the seven storied building on slits known as Khaiber . 4 Since no reply has been filed by the defendants, it appears that the defendants have no objection if the said Architect is appointed. 5 In my view, no usual purpose would be served in hearing this motion along with the suit. 6 Motion is allowed in terms of prayer clauses (a) and (b). 7 Notice of Motion is disposed of. (V.M. KANADE, J.)