1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1003 OF 2010 IN SUIT NO. 3018 OF 2009 Silloo Dhanjishah Mistry & Ors. ...Plaintiffs Vs. Ratan Dhakliya & Ors. ...Defendants Mr.D.D.Madon, Sr. Counsel with Mr. J.D.Mistry i/b. Mahimtura & Co., for Plaintiffs Ms. Gayatri Singh with Ms. Chetna Prij, Advocate for Defendants CORAM : SMT. ROSHAN DALVI, J. Date of Reserving the Order : 26th April, 2010 Date of pronouncing the Order: 5th May, 2010 P.C. : 1. The Court Commissioner was appointed in the Suit to determine the position at the Suit site. Court Commissioner’s Report is filed. The Defendants are seen to have cultivated the Suit land by growing rice/paddy thereon and had harvested the produce on the date of the commission. 2 Parts of the Suit land so harvested were then uncultivated. The Defendants have further grown rice/paddy thereon. The Plaintiffs’ claim that that is an act of breach of the order of status-quo. 2. The Defendants claim to be cultivating the Suit lands continuously since their Predecessor in title cultivated the Suit lands. Their claim would have to be ascertained. Pending that ascertainment the mere fact of planting rice/paddy on the patch which was earlier harvested cannot be taken to be an act of willful breach or default on the part of the Defendants. 3. Hence this Notice of Motion is dismissed. No order as to costs. (SMT. ROSHAN DALVI, J.)