: 1 : nms-3102-07-c=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3102 OF 2007 IN SUIT NO. 2251 OF 2007 Tulsi Tower Co-operative Housing Society Ltd. .. Plaintiffs v/s. Jyotsna Construction Pvt. Ltd. & Ors. .. Defendants ......... Mr. Omprakash Pandey i/by M/s. Pandey & Co. for the plaintiffs Mr. Mohan Naik with Neeta Solanki i/by Kiran Jain & Co. for defendant no.3 in support of NMS 4367/07. Ms. S.P. Trivedi i/by S.J. Botlawar for defendant no.1 None for defendant no.2 ......... CORAM : R.Y.GANOO, J. DATE : 24th AUGUST, 2010. P.C. : 1. By this motion plaintiffs want a mandatory order directing defendants to complete certain items of work, which according to the plaintiffs have remained to be attended to. In my view, such a relief cannot be granted at the interim stage as plaintiffs have instituted the suit to call upon defendants to perform their : 2 : nms-3102-07-c=.sxw obligations under the respective Agreement to Sale. 2. So far as prayer clause (b) is concerned, plaintiffs want that defendants should not create third party rights and / or deal with the property in question. Plaintiffs have called defendant nos. 1 and 2 as developers and defendant no.3 styles itself as the owner of the property and it has been the joined as a party to the suit. Defendant nos. 1 and 2 as a developers may like to transfer their rights as developers, similarly defendant no.3 who claim to be the owner may also be interested in disposing of their rights as a owner of the land. In my view, such restrictions cannot be imposed upon defendants no.1 to 3. The transfer of rights by defendant nos. 1 to 3 or any one of them is possible subject to the rights of the plaintiffs. With this clarification, prayer clause (b) can be disposed of. 3. So far as prayer clause (c) is concerned plaintiffs want that defendants should not interfere with the enjoyment of the respective flats which are in possession of the respective flat purchaser. I have perused the plaint as well as affidavit in support. I am inclined to observe that there is no specific : 3 : nms-3102-07-c=.sxw averment put up in pleadings to justify grant of reliefs. 4. For the reasons mentioned aforesaid, this notice of motion is disposed of by passing following order. ORDER (i) Notice of Motion is dismissed so far prayer clauses (a) and (c) are concerned. (ii) So far as prayer clause (b) is concerned, if any of the defendants transfer their rights in regard to the suit property, said transfer shall be subject to the rights which plaintiffs may have in regard to the suit property. There shall be no order as to costs. (R.Y.GANOO, J.)