vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.908 OF 2007 IN SUIT NO.661 OF 2007 Kamaljeet Singh ....Plaintiff V/s. M/s A. M. Builders & Developers & ors ....Defendants Mr. S Nagpurkar i/b R. G. Singh, for the Plaintiff. None for for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 12TH NOVEMBER, 2009. P.C. :- 1. The suit is for specific performance of the alleged agreement of sale of a flat on the second floor or on the fourth floor of a building. According to the Plaintiff, the total consideration was Rs.21,00,000/- out of which he has paid a consideration of Rs.17,50,000/-. 2. There is no flat available on the second floor. Admittedly there is no fourth floor constructed in the building. In the circumstances, it is not possible to grant any reliefs regarding any particular flat on the fourth floor. The Plaintiff’s right, however, must be protected in the event of a fourth floor being constructed. 3. In the circumstances, Notice of Motion is disposed of by the following order:- ORDER I) In the event of a fourth floor being constructed, the Defendants shall not dispose of, alienate, encumber, part with possession of or create any third party rights therein without the leave of the Court. II) Notice of Motion is accordingly disposed of.