1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.4121 of 2007 ` In Notice of Motion No.166 of 2007 With Notice of Motion No.4123 of 2007 In Suit No.762 of 2007 Mukesh Panjwani .. .. Plaintiff v/s. Philomina D'Silva & ors. .. Defendants Ms.Mayasarkar i/by M. Munim & Co. for Plaintiff. Mr.Mohamad Hussain Ansari i/by M.P. Mhatre for Deft.No.13 . ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 22 nd October, 2008 P.C. : 1. Notice of Motion No.166 of 2007 taken out in this Suit came to be disposed of by grant of the interim relief of injunction on 11 th October 2007. Defendants 12 and 13 have sought to set aside the order of injunction. For the reasons stated in the Affidavit- in-support of the above Notices of Motion and considering that Defendant No.2 had been to Canada for medical treatment and Defendant 13 had instructed his Advocate to file his Affidavit- in-reply which remained to be filed, the Notice of Motion of this Defendant is made absolute in terms of prayer (a) on these Defendants filing their 2 Affidavit- in-reply within 2 weeks. If the Affidavit- in-reply is not filed within 2 weeks, the order of injunction shall be taken to have not been set aside. 2. However, none of the Defendants shall create any third party rights or put up any construction pursuant to any Commencement Certificate granted by the Bombay Municipal Corporation until the Plaintiffs Notice of Motion is finally heard on merits. [SMT.ROSHAN DALVI, J.]