1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1396 OF 2007 IN SUIT NO.719 OF 1982 . Hasmukh N. Malkan : Plaintiff. Versus Mrs.Seema R. Kohli & ors. : Defendants. Mr. M.A.Shah i/by A.G.Shah for the Plaintiffs Mr. R.A. Shah for Defendant No.1(A)(1) Mr.Subodh Joshi for Defendant No.2. Mr.P.Patel i/by M/s.Jhangiani Narula & Associates for Defendant Nos.3 to 5. CORAM : R.M.SAVANT, J DATED : NOVEMBER 18, 2008 P.C. 1. The above Notice of Motion is not on board today. Taken on board by consent of the learned counsel for the respective parties. Heard the learned counsel for the parties. 2 2. The above suit is shown on today's board under the caption of “Framing Issues”. However, the learned counsel for the respective parties point out that Notice of Motion No.1396 of 2007 filed in the above suit is as yet pending and state that the same should not be an impediment for hearing of the suit. The learned counsel for the respective parties therefore submit that the said Notice of Motion No.1396 of 2007 may be disposed of by confirming the Ad-interim order dated 26th June 2007 which is in operation. In the said interim order dated 26th June 2007 a statement made on behalf of the Defendant No.6 i.e. the Developers to the effect that the Defendant No.6 or anyone claiming through them would not claim any equity in respect of the construction that is being put up on the suit site and would be subject to the outcome of the above Notice of Motion, has been recorded. 3. The learned counsel for the Defendant No.6 also fairly states that the construction can be made subject to the result of the suit to which the learned counsel for the Plaintiffs has no objection. 3 The said Notice of Motion No.1396 of 2007 is, therefore, disposed of by confirming the order dated 26th June 2007 with a rider that the construction would now be subject to the result of the above suit. 4. List the suit for “Framing Issues” after two weeks. [R.M.SAVANT, J]