*1* nms.1814.08.s.1551.08.s.1336.09.30.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1814 OF 2008 IN SUIT NO.1551 OF 2008 Allan Joseph Rodricks and others. ..Plaintiffs -Versus- M/s Netra Developers and others. ..Defendants .......... Mr.S.A.Oak i/b Mahesh Menon, for the Plaintiff. Mr.N.Lapasia, for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th December, 2010. P.C. 1 Heard both sides. By consent, ad-interim order dated 26.05.2008 is continued till the hearing and final disposal of the suit. The Notice of Motion No.1814/2008 is, accordingly, disposed of. (S.C. Dharmadhikari, J) *2* nms.1814.08.s.1551.08.s.1336.09.30.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1551 OF 2008 Allan Joseph Rodricks and others. ..Plaintiffs -Versus- M/s Netra Developers and others. ..Defendants .......... Mr.S.A.Oak i/b Mahesh Menon, for the Plaintiff. Mr.N.Lapasia, for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th December, 2010. P.C. 1 Heard both sides. Perused the pleadings. The following issues arise for determination in this suit:- (1) Whether, the Plaintiffs prove that they are entitled to exclusively use and occupy the portion admeasuring 800 sq.ft. or thereabout situate at 39, Rodricks House, Final Plot No.479, Bhavani Shankar Road, Dadar, Mumbai-400028 and the garage admeasuring 250 sq.ft. or thereabout more particularly described in the plan annexed as Exhibit D to the plaint? (2) Whether, the Plaintiffs prove that they are entitled to a declaration that the property more particularly described in Exhibit-A to the plaint cannot be developed by the Defendants without their written consent? (3) Whether, the Plaintiffs prove that they are entitled to permanent order and injunction as claimed in the *3* nms.1814.08.s.1551.08.s.1336.09.30.sxw prayer clause (c) of the plaint? (4) Whether, the Plaintiffs prove that they are entitled to permanent order of injunction restraining the Defendants, their agents and servants from preventing the Plaintiffs from parking any vehicle in the compound of the suit property more particularly described in Exhibit-A to the plaint? (5) Whether, the Plaintiffs prove that they are entitled to permanent injunction in terms of prayer clauses (e) and (f) of the plaint? (6) Whether, the Defendants prove that the suit suffers from mis-joinder of parties? (7) Whether, the Defendants prove that the suit claim is not bonafide as more particularly set out in paragraph No.4 of the Written Statement? (8) Whether, the Defendants prove that the Plaintiffs have no claim to the suit property and the garage as more particularly described in paragraph Nos.6 to 8 of the plaint? (9) What relief and order? (S.C. Dharmadhikari, J) *4* nms.1814.08.s.1551.08.s.1336.09.30.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1336 OF 2009 Netra Developers. ..Plaintiffs -Versus- Allen J. Rodricks and others. ..Defendants .......... Mr.N.Lapasia, for the Plaintiffs. Mr.S.A.Oak i/b Mahesh Menon, for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th December, 2010. P.C. 1 Heard both sides. Perused the pleadings. The following issues arise for determination in this suit:- (1) Whether, the Plaintiffs prove that they have 91.67% share in the immovable property more particularly described in prayer clause (a) of the plaint? (2) Whether, the Plaintiffs prove that they are entitled to have the suit property partitioned by metes and bound in terms of 91.67% share as claimed by them and 8.33 undivided right, title and interest of the Defendant No. 1? (3) Whether, the Plaintiffs prove that they are entitled to vacant and peaceful possession of the suit property? (4) What relief and order? 2 Since the suits in which the issues are framed today namely Suit No.1551/2008 and Suit No.1336/2009 are between the same parties, *5* nms.1814.08.s.1551.08.s.1336.09.30.sxw it is directed that the affidavit of documents (common documents in both suits) be filed within 08 weeks from today. Discovery and inspection should also be completed within this period. The affidavit of evidence be filed by the Plaintiffs in both suits within 12 weeks from today. List the suits for trial in the week commencing 21st March, 2011. (S.C. Dharmadhikari, J)