1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.2705 OF 2007 MOTION NO.2705 OF 2007 MOTION NO.2705 OF 2007 inin in SUIT SUIT SUIT NO.2263 NO.2263 NO.2263 OF 2004 OF 2004 OF 2004 Komalam Komalam Komalam Ramchandra Ramchandra Ramchandra Nair & ors .. Plaintiff Nair & ors .. Plaintiff Nair & ors .. Plaintiffs vs vs vs Mahim Mahim Mahim Sampada Cooperative Housing Sampada Cooperative Housing Sampada Cooperative Housing Society Society Society Ltd & ors Ltd & ors Ltd & ors ...... Defendants Defendants Defendants Mr.Rajeev Mr.Rajeev Mr.Rajeev Matkar for Plaintiffs Matkar for Plaintiffs Matkar for Plaintiffs CORAM CORAM CORAM : : : S.J.Vazifdar, J S.J.Vazifdar, J S.J.Vazifdar, J DATED DATED DATED : : : 28th February, 2008 28th February, 2008 28th February, 2008 P.C. P.C. P.C. 1.1.1. The first defendant has filed this Notice of The first defendant has filed this Notice of The first defendant has filed this Notice of Motion Motion Motion for variation of an order dated 17th June, for variation of an order dated 17th June, for variation of an order dated 17th June, 2005 2005 2005 and for an order directing the plaintiffs to and for an order directing the plaintiffs to and for an order directing the plaintiffs to implead implead implead certain individuals as party defendants. certain individuals as party defendants. certain individuals as party defendants. 2.2.2. An order dated 17th June, 2005 was passed by An order dated 17th June, 2005 was passed by An order dated 17th June, 2005 was passed by consent consent consent whereby the receiver was directed to offer whereby the receiver was directed to offer whereby the receiver was directed to offer agency agency agency of the flat to the plaintiffs on usual terms of the flat to the plaintiffs on usual terms of the flat to the plaintiffs on usual terms and and and conditions including royalty and security. conditions including royalty and security. conditions including royalty and security. 3.3.3. It was contended on behalf of the 1st defendant It was contended on behalf of the 1st defendant It was contended on behalf of the 1st defendant that that that the basis of the plaintiff’s suit was wrong the basis of the plaintiff’s suit was wrong the basis of the plaintiff’s suit was wrong and and and that the plaintiffs had suppressed the fact that the plaintiffs had suppressed the fact that the plaintiffs had suppressed the fact that that that there were heirs of the said original member there were heirs of the said original member there were heirs of the said original member of of of the society to whom the flat belonged. It is the society to whom the flat belonged. It is the society to whom the flat belonged. It is these these these heirs whom the 1st defendant seeks to have heirs whom the 1st defendant seeks to have heirs whom the 1st defendant seeks to have impleaded impleaded impleaded in the suit. It is always open to the in the suit. It is always open to the in the suit. It is always open to the said said said parties to make an appropriate application to parties to make an appropriate application to parties to make an appropriate application to this this this Court for impleading them and for interim Court for impleading them and for interim Court for impleading them and for interim reliefs. reliefs. reliefs. 2 4.4.4. The 1st defendant has done its duty by The 1st defendant has done its duty by The 1st defendant has done its duty by informing informing informing the Court of the aforesaid facts. In the Court of the aforesaid facts. In the Court of the aforesaid facts. In view view view of the fact that the 1st defendant has been of the fact that the 1st defendant has been of the fact that the 1st defendant has been allowed allowed allowed to use the flat only upon usual terms and to use the flat only upon usual terms and to use the flat only upon usual terms and conditions, conditions, conditions, I do not consider it necessary to stay I do not consider it necessary to stay I do not consider it necessary to stay the the the operation of the said order at this stage operation of the said order at this stage operation of the said order at this stage either. either. either. Needless to add the contentions of the Needless to add the contentions of the Needless to add the contentions of the third third third parties are not effected by this order in any parties are not effected by this order in any parties are not effected by this order in any manner. manner. manner. 5.5.5. With the above clarifications, Notice of Motion With the above clarifications, Notice of Motion With the above clarifications, Notice of Motion isisis disposed of. disposed of. disposed of.