1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.682 OF 2007 IN SUIT NO.1135 OF 2005 Laxman Yellappa Rajgole ..Plaintiff V/s Nitin Mahadeo Pawsar & ors ..Defendants None for the plaintiff Mr.P.B.Naiknaware, Advocate, for the defendant Nos.1 & 2 CORAM : R.M.SAVANT, J. DATE : 21ST NOVEMBER, 2008 P.C. . None for the plaintiff. The plaintiff had not appeared on the last date also and therefore, the above Motion was specifically kept today as a last chance. 2. By the above Notice of Motion, the plaintiff seeks the relief that the defendant Nos.1 & 2 be directed to make payment of the balance loan amount of Rs.3,82,000/- which was borrowed by the defendant Nos.1 & 2 or handover vacant and peaceful possession of the said flat by executing transfer agreement in the name of the 2 plaintiff. 3. It appears that the plaintiff had earlier filed Notice of Motion No.2117 of 2005 wherein identical reliefs as the reliefs claimed in the present Motion were prayed for. The said Motion came to be dismissed by a learned Single Judge of this Court by Order dated 22nd August, 2005. A specific finding has been recorded that the said agreement is a loan agreement and there is no agreement for sale executed in respect of the aforesaid flat and therefore, the question of granting any reliefs to the plaintiff does arise. The plaintiff against the said Order dated 22nd August, 2005 carried the matter in appeal by filing Appeal No.271 of 2006 which appeal came to be rejected by a Division Bench of this Court by Order dated 4th September, 2006. In that view of the matter, no reliefs can be granted to the plaintiff in the above Notice of Motion. The Notice of Motion is accordingly rejected. (R.M.SAVANT, J.)