IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1717 OF 2008 IN SUIT NO.1455 OF 2008 Achyut Kumar Shantilal Inamdar and others .. Plaintiffs Vs. Salim Abdul Shaikh .. Defendant Mr.Omprakash Pandey i/by M/s.Pandey & Co for the plaintiffs. Mr.Pravin G. Sawant for the defendant. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 29th September 2008. : 29th September 2008. : 29th September 2008. P.C.: . Heard learned counsel appearing for the plaintiffs and learned counsel appearing for the defendant. I have perused the averments made in the plaint and documents annexed to the plaint. The learned counsel appearing for the plaintiffs submits that apart from praying for continuation of order of status-quo passed on 07th July 2008, he is pressing for grant of interim relief in terms of prayer clause (c). He states that the work of survey and demarcation may be ordered to be carried out at the cost of the plaintiff. 2 2. Prayer clause (c) is for directing the District Inspector of Land Records and/or City Survey Officer to demarcate the boundary between the suit property and the property held by the defendant. The second part of the prayer clause (c) is for grant of a permission to the plaintiff to construct a brick masonary compound wall boundary. However, the said prayer cannot be considered unless and until the boundary of the suit property is fixed. The learned counsel appearing for the defendant states that he has no objection for grant of first part of prayer clause (c) regarding survey and demarcation provided the work is carried out at the cost of the plaintiffs. 3. In the circumstances, Notice of Motion need not be kept pending. The same can be disposed of by continuing the order of status-quo and by granting the first part of prayer clause (c) with liberty to the parties to take out a fresh Notice of Motion for appropriate relief after the report of the survey officer is received by this Court. 4. Hence, Notice of Motion is disposed of by passing following order: 3 (i) The ad-interim order of status-quo passed on 07th July 2008 will continue to operate till the final disposal of the suit. (ii) There will be interim relief in terms of prayer clause (c) except the bracketed portion thereof. It is made clear that the work of survey and demarcation will be carried out at the cost of the plaintiffs and that the work will be carried out only after notice is served to the defendant and all other concerned parties. (iii) The work of carrying out survey and demarcation shall be completed within a period of three months from the date on which requisite charges are deposited by the plaintiffs with the concerned authority. The concerned survey officer will submit a report to this Court. Copies of the report be made 4 available to the parties. (iv) Liberty to the parties to take out appropriate proceedings for appropriate relief after the report of the survey officer is submitted. (v) Notice of Motion is disposed of accordingly. (A.S. Oka,J)