1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2510 OF 2009 IN SUIT NO. 1660 OF 2009 Vasudeo Vaneramji Rawal ..Plaintiff Vs. Chandraprabhu Jain Derasar Trust and 19 Ors. ..Defendants .... Omprakash Pandey i/b Pandey and Co. for Plaintiff K.T.Kukreja along with Santosh Adukia for Defendants .... CORAM : S.C.DHARMADHIKARI, J. DATED : 8th December, 2009 P.C.: 1. This is a Notice of Motion seeking interim relief to restrain the Defendants, their servants, agents and employees from transferring or disposing of in any manner, a structure bearing Census No. 85/HW/MHB/36/11/70 at Badam Wadi Chawl, 309, Bazar Road, Behind Jain Temple, Bandra (W), Mumbai-400 050. This structure is more particularly described in the documents annexed to the plaint and the Notice of Motion. It is stated to be admeasuring 30 feet x 15 feet. It is 2 ground floor structure. 2. Although several reliefs are claimed at this interim stage, I am not inclined to accept the case of the Plaintiff that he has prima facie title to the property in question. There are several disputes on this issue. Even the Plaintiff ’s version is not free from doubt. The Plaintiff accepts that the land on which the structure is standing, is a Government land. It is held by the Collector of Bombay Sub-Urban District. This structure is censused and has been given a Census number. The land beneath the structure is not claimed by the Plaintiff. 3. The Plaintiff ’s case is that his father was in possession of the structure. His father was performing Pooja at the Jain temple as Priest/Poojari. The 1st Defendant claims that the temple belongs to the Trust of which the Defendant Nos.2 to 10 are trustees. Defendant Nos. 11 to 18 are devotees. 4. The Trust also in its affidavit in reply, has stated that the charitable activities are being carried out by it. The Trust claims to be in occupation and possession of the suit structure. However, the Trust is prima facie admitting the fact that the land beneath the structure belongs to the Government and the Trust has applied to the Collector for allotting the same to it for its religious and charitable activities. However, till date, it is not allotted to the Trust. 5. Bearing in mind this factual position, I suggested to both sides that in so 3 far as this structure is concerned, the same should not be transfered or disposed of by the 1st Defendant Trust until the land beneath it, has been allotted to it and the right, title and interest in the same is duly transfered in its favour. This suggestion was made to the Plaintiff and the Defendants and more particularly the 1st Defendant Trust. Shri. Pandey appearing for the Plaintiff on instructions makes a statement that if this Court protects the Plaintiff in so far as the structure is concerned, he would not have objection. Shri. Kukreja states that the 1st Defendant has instructed him to make a statement that the structure is in occupation and possession of the 1st Defendant Trust and that its employees are utilizing it for the activities of the Trust. However, on instructions, he makes a statement that the 1st Defendant Trust shall not dispose of, alienate or encumber or transfer the suit structure in any manner until the land beneath the same is allotted to it. 6. To my mind, accepting the statement of Shri. Kukreja as undertaking to this Court, would sufficiently protect both the sides at this stage. The 1st Defendant has made statement without prejudice to their rights and contentions. Plaintiff also agreed to an order being made in furtherance of this statement but without prejudice to his rights and contentions in the suit. 7. Accordingly, it is directed that until the 1st Defendant obtains allotment of the land beneath the structure, it shall not transfer or dispose of the 4 structure in favour of any third party or part with possession thereof. However, this would not prevent the 1st Defendant from utilizing the structure for its own activities and housing the employees thereof. 8. Motion disposed off in the aforementioned terms. 9. No order as to costs. S.C.DHARMADHIKARI, J.