1 upa IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.788 OF 2006 NOTICE OF MOTION NO.788 OF 2006 NOTICE OF MOTION NO.788 OF 2006 IN IN IN SUIT NO.1221 OF 2004 SUIT NO.1221 OF 2004 SUIT NO.1221 OF 2004 Bhavanji Shivji Gala ).. Plaintiff Versus Sanjay T. Vadodariya and another ).. Defendants And The Executive Engineer, Mumbai ) Metropolitan Region Development ) Authority (MMRDA) and another ).. Respondents Mr.G.S. Hegde i/b.Mr.Prakash R. Hegde for the Plaintiff. None present for the Defendants. Mr.R.M. Sawant for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATED : 29TH MARCH 2006 DATED : 29TH MARCH 2006 DATED : 29TH MARCH 2006 P.C.: P.C.: P.C.: . The Plaintiff has filed the present Motion for certain reliefs. According to the Plaintiff, Shop No.2, Nilesh Masala Stores, Near Hanuman Temple, Service Road, Opp, Bus Stop No.344, Andheri (East), Mumbai 400 069 is attached pursuant to the orders passed by this Court in the present Suit. However, it appears that Respondent No.1 now wants to demolish a part of the structure for road widening which is in progress. The Plaintiff has 2 annexed to the affidvit in support of the Notice of Motion a notice issued by Respondent No.1 to that effect. 2. Nobody appears for the Defendants. The Plaintiff has filed an affidavit indicating that though he attempted to serve the Defendants, the premises were found locked. In these circumstances, in my view, prayer clause (b) must be granted. 3. Heard Advocates. 4. Motion made absolute in terms of prayer clause (b). 5. Respondent No.1 will give notice to the Plaintiff when the demolition is to be carried out. 6. Motion disposed of accordingly.