1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.135 OF 2011 IN NOTICE OF MOTION NO.2819 OF 2009 IN SUIT NO.1663 OF 2009 Bhairav Co-op.Housing Society Ltd. .. Appellant V/s M/s.Ganesh Builders & Ors. .. Respondents Mr.Niranjan Vaghela i/by M/s.Pandya & Co.for the Appellant. Mr.Tushar Dahibawkar i/by M/s.Dahibawkar & Co.for Respondent Nos.1 to 5. Mr.P.S.Shah for Respondent Nos.9 & 10. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 20th June, 2011 P.C: 1. Heard learned counsel for the parties. Considering the nature of the suit where the Appellant-plaintiff is claiming that the Defendants have encroached on the open piece of land, in our opinion, the learned Single Judge was justified in disposing of the notice of motion. Appeal is therefore rejected. In view of disposal of appeal, Notice of Motion No.703 of 2011 is disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)