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.2231 of 2008. NOTICE OF MOTION NO.2231 of 2008. NOTICE OF MOTION NO.2231 of 2008. IN IN IN SUIT NO.2832 of 2006. SUIT NO.2832 of 2006. SUIT NO.2832 of 2006. Sunil Choudhari & Anr. ..Plaintiffs versus Continuous Stationery Pvt.Ltd & Ors. ..Defendants Mr.P.K.Dhakephalkar i/b. Y.S.Bhate for the plaintiff Mr.Viraj Tuljapurkar, Sr.Counsel with Ms.Someya Srikrishna & Ms. A.Ghone i/b. Kanga & Co. for the Defendant No.1 Mr.Prashant Chavan i/b. N. Vora & Associates for the Defendant No.2 Mr.Prakash Shah with Pritesh Rajgor i/b.PDS Legal for the defendant No.3 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 19th Nov., 2008. DATED : 19th Nov., 2008. DATED : 19th Nov., 2008. P.C. 1. This motion is taken out in continuatin of Motion No.911 of 2008 which has been disposed off by this Court a few minutes back. Ths motion is taken out ultimately to see that the defendant Nos.1 and 3 do not carry out any addition or alteration which would damage the suit premises or which would be called material alterations. During -2- the course of hearing, learned Senior Counsel Mr. Tuljapurkar appearing on behalf of the defendant No.1 and learned Advocate Mr. Prakash Shah for the defendant No.3 jointly made a statement that certain work is going on at the suit premises and the same is on the basis of the permission granted by the defendant No.2 MIDC and that the said work is in the nature of internal alterations and the basic structure, namely ground + two floors is not going to be modified and altered and that the work which is being carried out at present is not of such a nature as will damage the structure, namely ground + two. In my view if this statement made by the Counsel for defendant No.1 and defendant No.3 is accepted the same would meet ends of justice, as today the suit for specific performance of agreement is pending. For the reasons mentioned aforesaid, I pass the following Order. ORDER . The statement made by learned Senior Counsel Mr. Tuljapurkar and learned Advocate Mr. Prakash Shah which is reflected in the earlier part of the judgment is accepted. -3- . Notice of Motion stands disposed of in the terms of the said statement. . There shall be no order as to cost. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)