1 NMS2230.06.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2230 OF 2006 IN SUIT NO. 1963 OF 2006 Uday Narayan Mahendra Singh. ... Plaintiff. V/s. M/s. Siddhivinayak Construction Pvt. Ltd. ... Defendants. Mr. R.S. Upadhyay for the Plaintiff. Mr. M.J. Jamdar for the Defendants. CORAM : R.Y. GANOO, J. DATED : 25th NOVEMBER 2010. P.C. :- By this Motion the Plaintiff is asking for diverse relief. As the Motion was taken up, the learned Counsel for the Plaintiff, upon instructions, states that the Plaintiff is not pressing Motion’s prayer clauses (a), (b) and (c) at this moment and would like to take out appropriate Motion for appropriate interim relief in future. Liberty will have to be granted to the Plaintiff to take out such Motion in future. 2. By prayer clause (d), the Plaintiff is asking for appointment of a Court Commissioner to visit the Suit land and submit actual report. 2 NMS2230.06.sxw 3. I have heard learned Counsels on both sides. Reading of the plaint goes to show that according to the Plaintiffs, the Defendants grabbed the structure which according to the Plaintiff stands on the suit land and now started construction on the suit building. By this Suit, the Plaintiff is seeking restoration of the original suit chawl and other reliefs and for compensation, etc. 4. In my view, looking to the frame of the plaint and reliefs sought, this is not the stage at which such a relief can be granted. 5. Hence, following order is passed to dispose of the Notice of Motion :- (i) The Motion is disposed of with prayer clauses (a), (b) and (c) with no orders. (ii) Liberty is grant to the Plaintiff to take out appropriate Motion for appropriate relief in future which may be similar to prayer clauses (a), (b) and (c). (iii) No case is made out for granting relief as per prayer clause (d). As of today, liberty is granted to take out motion for relief in terms of prayer clause (d) in future if need arises. 3 NMS2230.06.sxw (iv) The Motion stands disposed of with the above terms with no order as to costs. (R.Y. GANOO, J.)