: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1419 OF 2009 IN SUIT NO. 892 OF 2009 Deepak Naraindas Bathija .. Plaintiff V/s. K. Mani Naidu Prop. Of M/s. Tirumala Developer .. Defendants ..... Mr. Jitendra Patil for the plaintiff Mr. Rajesh A. for defendant No.2 Mr. Suresh Rajeshwar for defendant No.1 ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 15th SEPTEMBER, 2009. P.C. : 1. It is stated by Mr. Rajeshwar on instructions that the subject matter of the present suit is 3 shops / premises. However, although the old building is demolished, there are certain adjacent structures which are yet not demolished by 1st defendant. Therefore, until the entire demolition is carried out, there is no question of the shops allegedly agreed to be sold to the plaintiff, being constructed. 2. In such circumstances, to my mind, the relief in the present Notice of Motion is pre-mature. The plaintiffs can : 2 : apply for appropriate reliefs after the shop premises are constructed. More so, when the 1 st defendant has stated that he has entered into an agreement with the owner of the property and even third party rights, if any, created in respect of the shops are to the knowledge of the plaintiff. However, no further third party rights are being created and that apprehension of the plaintiff according to the defendant, is baseless. In these circumstances, it would be appropriate to dispose off the Motion with liberty to plaintiff to apply for such interim reliefs as are permissible in law after the shop premises are constructed. 3. The defendants have stated that save and except the rights, if any, created in favour of defendant No.2, they have not created any rights in the subject shops. However, Mr. Rajeshwar contends that shops are not meant for allotment of the plaintiff but for the tenants of the old building / structure. He clarifies that even that allotment is not made as the construction itself has not commenced. 4. In all fairness, keeping the controversy and the contentions open, interest of justice would be sub-served if the defendants and more particularly defendant No.1 gives a Notice of 15 days to the plaintiff s advocate after the I.O.D. and C.C. in respect of the subject construction is obtained and the construction work commenced at site in : 3 : pursuance thereof. After the receipt of the communication in this behalf, the plaintiff can apply for the interim reliefs in terms of the present Notice of Motion. All contentions are kept open. Notice of Motion is disposed off accordingly. (S.C. DHARMADHIKARI, J.)