1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTIC OF MOTION NO.4308 OF 2008 IN SUIT NO.3222 OF 1989 Waman Vishnu Chavan ...Plaintiff Vs. M.C.G.M ...Defendants Mr.B.M.Yadav for Plaintiff Mr.A.A.Kumbhakoni , Sr. Adv., with Mr.Pimpale and Mr. Sirsikar for Defendant CORAM: SMT.ROSHAN DALVI, J. DATED: 20 TH JANUARY, 2009 P.C. 1. This Notice of Motion is taken out by the Defendants M.M.C., for having their suit land, occupied by the Plaintiff's structure, vacated for road widening. 2. The Defendants press prayer (b) of the Notice of Motion. Prayer (b) of the Notice of Motion is for a direction to be given to the Plaintiff, subject to the decision of the Suit and without prejudice to the rights and contentions of both the parties. 3. The Notice of Motion has admittedly been served since 2 18 th December 2008. No affidavit in reply is filed. On account of the urgency and in view of the limited relief that the Defendants are praying for, considering the public interest the order in terms of prayer (b) is required to be passed. 4. The Defendants have applied for reliefs on account of urgency. 5. The Plaintiff claims possession of a structure admeasuring 400sq.ft. The Defendants claim that the Plaintiff was given vacant land of only 150 sq. ft. and that the Plaintiff has extended the structure unauthorisedly. The Defendants also claim that all the other occupants have vacated and the road widening work has been heldup only because of the Plaintiff. 6. The Defendants have offered 225 sq. ft., of area in Bldg.No.7/C , a commercial Gala No.101, Borla Village, Ghatkopar (E) under the allotment letter dated 17th May 2008. This is in excess of the area of vacant land earlier granted to the Plaintiff. The Plaintiff's claim that he has always been in possession of 400 sq.ft space authorisedly, shall be considered in the Suit. Pending the Suit in view of 3 the urgency and public interest the Defendants must be allowed to act upon the Letter of Allotment. 7. Hence, the following order:- 1. The Notice of Motion is made absolute in terms of prayer (b). Prayer (a) is not pressed. 2. The Plaintiff shall take possession of the premises allotted to him under Letter of Allotment dated 17th May 2008. This shall be without prejudice to the Plaintiff's rights and contentions in the Suit. 3. It is clarified that the Plaintiff's case of occupation of 400 sq.ft., has not been considered in this Notice of Motion. 4. The Plaintiff shall vacate the present premises and accept the allotted premises within one week from today. If the Plaintiff fails to vacate, the Defendants shall be entitled to obtain physical possession of the suit premises. (SMT. ROSHAN DALVI, J.)