1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 593 OF 2010 IN SUIT NO. 648 OF 2004 Babulal K. Paliwal & Anr. ....Plaintiffs Versus Omprakash K. Jain & Ors. ....Defendants Mr. Denzil D’Mello, Advocate for the Plaintiffs. Mr.G. C. Mohanty, Advocate for Defendant Nos. 1 to 3. Mr. G. G. Ketkar, Ist Assistant to the Court Receiver in present. CORAM : R. V. MORE, J. DATE : 12th MARCH, 2010. P.C. : By the present notice of motion, order is sought by the Plaintiffs to direct the Court Receiver, High Court, Bombay to make a formal application to the Mumbai Municipal Corporation for development of a portion of the suit property in accordance with the development permission, granted by the Bombay Municipal Corporation on 3rd April, 2006, and IOD dated 2nd April, 2008 and as per the affidavit dated 29th July, 2008 filed by the BMC in Public Interest Litigation No. 136 of 2006. Further permission is also sought to obtain vacant possession of the premises of the tenants with their consent, in order to enable the Plaintiffs to comply with the permission already granted by this Court by an order dated 2nd February, 2010, passed in notice of motion no. 274 of 2010. 2 2. Perused the judgment/order dated 23rd July, 2009 passed by the Division Bench in Public Interest Litigation No. 136 of 2006 and the order dated 2nd February, 2010 of this Court in Notice of Motion No. 274 of 2010 in the above suit. 3. The learned Counsel for the Defendants has no objection for grant of this prayer and hence, the notice of motion is made absolute in terms of prayer clause (a). Sd/- (R. V. MORE, J.)