1 nms385-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.385 OF 2011 IN SUIT NO.288 OF 2011 Manohar B. Worlikar ....Plaintiff V/s. Smt.Lalita S.Yadav ....Defendant Mr.P.D. Patil for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 10TH JUNE, 2011. P.C. :- 1. The plaintiff claims a declaration that the defendant and the members of her family are trespassers in respect of the suit premise and for possession. In the above notice of motion, the plaintiff seeks an injunction restraining the defendant from transferring or alienating the suit premises or creating any third party rights therein. 2. The plaintiff’s father was the owner of the property. On 25.3.1949, he obtained sanction for construction of a structure thereon. One Sadashiv Yadav was a tenant in respect of the suit premises. Upon his death in the year 1984, his sons occupied the premises. The plaintiff’s father expired on 6.7.2003. On 29.3.2007, the plaintiff issued a notice to the said tenant, seeking an N.O.C. for repairing the premises. 3. According to the plaintiff, the defendant is a trespasser in the 2 nms385-11 suit premises. The defendant had failed a R.A.D. suit in the Small Causes Court, which was dismissed for default on 13.8.2010. 4. Prima-facie therefore, the plaintiff is the owner of the premises. The defendant, at the highest was only a tenant. Her suit, as stated above, for a declaration of tenancy was dismissed. 5. In the circumstances, the notice of motion is made absolute in terms of prayer (a). No order as to costs.