1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2431 OF 2009 IN SUIT NO. 1618 OF 2009 Purnima Mayur Pancholi & Ors. ... Plaintiffs. V/s. Samir S. Mehta & Anr. ... Defendants. Ms. Purnima Bhatia for the Plaintiffs. Mr. Rushabh Shah and Viral Amin i/b. B. Amin & Co. for the Defendants. CORAM : S.C. DHARMADHIKARI,J. DATED : 03rd NOVEMBER 2009. P.C. :- Heard Ms. Bhatia, learned Advocate appearing for the Plaintiffs and Mr. Shah, learned Advocate appearing for the Defendants. Perused the Notice of Motion and the affidavit placed on record. 2. The Plaintiffs admittedly are assailing the gift deed of 1977, which is stated to be confirmed in a suit filed between the predecessor of title of both Plaintiffs and Defendants in 1998. The affidavit in support fails to disclose any property being dealt with to the detriment of the rights of the Plaintiffs. These rights are yet to be settled. In such circumstances, no prima facie case is made out. The Notice of Motion is dismissed but with no order as to costs. (S.C. DHARMADHIKARI,J.) 2