1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.911 OF 2008 IN SUIT NO.2832 OF 2006 Sunil Choudhary & Anr. ..Plaintiffs. V/s. Continous Stationary Pvt.Ltd. ..Defendants. Ms.P.V.Thorat i/b. V.M.Thorat for plaintiffs. Mr.Virag Tulzapurkar with Ms.Soumya Srikrishna i/b. Kanga & Co. for Defendant No.1. Mr.P.Chavan i/b.Navdeep Vora for Defendant No.2. CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J DATE : APRIL 30, 2008. DATE : APRIL 30, 2008. DATE : APRIL 30, 2008. P.C. : P.C. : P.C. : 1. Plaintiffs have taken out this Notice of Motion for the following reliefs: (b) pending the hearing and final disposal of Suit, the Defendant No.1 be restrained to carry out any renovation and/or alteration and/or addition and/or demolition inclusive of any structural changes on the suit property and/or structures existing on the said suit property. (c) pending the hearing and final disposal of this Notice of Motion, the Defendant No.1 be restrained to carry out renovation and/or alteration and/or addition and/or demolition inclusive of any structural changes on the suit property and/or structures existing on the said suit property." 2 2. At the outset, the learned Counsel for defendant No.1 submits that they have already inducted third party in the suit premises by entering into a leave and license agreement, as stated by them in the reply affidavit. He further states that neither defendant No.1 nor their licensee shall carry out any alteration or renovation and/or demolition in the suit premises without permission of defendant No.2. The statement is accepted. 3. In view of the statement made by the Counsel for defendant No.1, in my opinion, nothing survives in this Notice of Motion. Hence the Notice of Motion disposed of. (D.B.BHOSALE,J) (D.B.BHOSALE,J) (D.B.BHOSALE,J)