1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3457 OF 2008 IN SUIT NO.2853 OF 2003 Naayandas Mathuradas .. Plaintiff Versus Haridas Devidas & Ors. .. Defendants Ms.F.Krishnan Sethna i/b. D.Sett for plaintiff Mr.B.B.Saraf with Y.Adhia for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th October 2008 P.C. . Heard Mr.Saraf for defendant Nos. 2 and 3. This motion is moved by them with a prayer to direct the plaintiff to hand over original title deeds in respect of properties at Exh.D to the plaint, soas to enable defendant Nos. 2 and 3 to apply for the benefit under the Amnesty Scheme 2008 pronounced by the State of Maharashtra soas to enable registration of these documents. 2 2. With the assistance of the learned Counsel for parties, I have perused the plaint, Exh.D to the same and the affidavit in support and reply to the motion. 3. Considering the prayers in the motion and that the plaintiff is holding on to the title deeds in order to establish its lien, which case is yet to be proved and the suit also being pending, it is not possible to accede to the request of defendant Nos. 2 and 3 and issue directions to the plaintiff, more particularly in the light of the affidavit filed in reply and the contents of para 5 thereof. Motion is dismissed. (S.C.Dharmadhikari, J)