1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.693 OF 2007 IN SUIT NO.492 OF 2007 PANORAMA PREMISES CO-OPERATIVE SOCIETY LTD. ..PLAINTIFF VS. MOOLSINH KARSONDAS & ANR. ..DEFENDANTS Mr. Shailesh Shah with Mr. P.N.Ganwani i/b Akshar Laws for the Plaintiff Mr. C.D.Patel for Defendant No.1A to 1B Mr. Snehal Shah with Mr. Brijesh Upadhay i/b Purnanand & co. for Defendant No.2 CORAM: SMT ROSHAN DALVI, J. DATED: 12 th March, 2009 P.C.: 1. The Plaintiff has filed an earlier suit being R.A.E. Suit No.576/2005 in July 2005. The Plaintiff has sought the same injunctive reliefs in that suit as being applied for in this Notice of Motion. The relief has been refused on merits and appeal therefrom has been rejected. The writ Petition 2 filed from an order in appeal has also been essentially rejected save and except the direction to inform the parties in whose favour rights in shops and tenements in the constructions, which is being put on the suit property, would be created to be informed of the lis between the parties. 2. After the filing of that suit plans have been sanctioned by MMC in December, 2005. Defendants have proceeded to develop the property under the sanctioned plan. They have made a net investment of 12.5 crores made in the suit land. This suit has been filed in October, 2006. Ad-interim relief has been refused on 02.04.2007. At present construction upto the third floor is stated to have been completed. 3. Balance of convenience requires that no injunction be granted at this stage. However, the Defendant shall inform the purchasers of the shops and tenements of the construction which is been put under the suit property about this suit and specially that their agreements would be subject to the outcome of this suit. Notice of Motion disposed of accordingly. (Smt Roshan Dalvi, J)