1 nm-3078 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.3078 of 2008 IN Suit No.1757 of 2008 Lalit Kumar S. Kabra & ors. .. .. Plaintiffs v/s. Shri Ramchand Lekhraj & ors. .. .. Defendants Mr.H. Toor i/by Prasad Das for Plffs. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 2nd August, 2010 P.C. : 1.The suit is for specific performance of the agreement of sale in respect of a residential flat for Rs.1.35 Crores The Defendants have been served the Notice of Motion as per the Affidavit of service dated 24.9.2008. The packets sent by RPAD have been returned unclaimed by the Defendants despite various intimations posted. The service is, therefore, proper service. Consequently, the relief of injunction in the Notice of Motion is required to be granted. 2.The Notice of Motion is made absolute in terms of prayer (a). 2 nm-3078 3.The Defendants shall not dispose of, encumber, part with possession, alienate or create any third party rights in respect of the suit flat on the 1st floor of Wing A of Sukhmani Building, situated at Bomanji Petit Road, Mumbai-400 036. 4.The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.)