:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1050 OF 2007 IN SUIT NO. 181 OF 2005 Hirabhai Thakeroy Patel and Ors. ...Plaintiffs Versus Bevis Luis and Ors. ....Defendants ====== Mr.R.C.Shah with Mr.K.M.Sangani Adv. for the plaintiffs. Ms.A.Wandrewala i/by. Mr.Pravin Mehta and Mithi & co. Adv. for Respondent nos.4 to 6. None for the defendants. CORAM: S.C.DHARMADHIKARI, J. DATED: 2ND APRIL, 2008. P.C. P.C. P.C. : : : 1. Heard Mr.Shah appearing for the plaintiff and Ms.Wandrewala, appearing for the contesting Respondents No.4 to 6. 2. After hearing the parties and perusing the plaint and the Annexures thereto, so also, the Affidavits-in-support and in-reply filed in that Notice of Motion, I inquired from Ms.Wandrewala as to whether :2: :2: :2: the plaintiffs who are admittedly in possession of some structures and a Well in C.T.S. No.1224-A could be protected, Ms.Wandrewala after taking instructions from the Representative of the Contesting Defendant makes a statement that the Contesting Defendant nos.4 to 6 would not in any manner disturb or obstruct physical possession of the plaintiffs, insofar as, three structures on Plot No.1224-A and a Well therein is concerned. However, this statement is made by her without prejudice to the rights and contentions of these Defendants in the Suit, so also, without prejudice to their case that one of the Structures are cessed and two are unauthorised, that the plaintiffs occupation is not that of an Owner but as a Tenant, and therefore the Authorities namely Mumbai Municipal Corporation and Maharahstra Housing and Area Development Authority, so also, any Agent thereof, are wholly empowered to proceed if the structures are dilapidated and unfit for human habitation and all such steps taken by the said Authorities shall proceed without being influenced by this statement. Notice of Motion disposed off in the light of this Statement. No other reliefs are necessary to be granted. :3: :3: :3: sd/- ***********