: 1 : nms-3301-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3301 OF 2009 IN SUIT NO. 604 OF 1987 Madhavsingh Gordhandas .. Plaintiff v/s. Kishore Khimji Ved & Ors. .. Defendants And Mukesh Soni & Ors. .. Respondents ......... Mr. Pankaj A. Sawant with P. Tare i/by Vigil Juris for plaintiff in support of notice of motion. Mr. Deepak Chitnis for defendant nos. 4, 5, 7 and 8. Mr. D.H. Mehta i/by M.S. Dehlvi for defendant no.9. ......... CORAM : R.Y.GANOO, J. DATE : 1st SEPTEMBER,2010. P.C. : 1. Heard learned Counsel on both sides. Learned Counsel for the plaintiff drew my attention to following orders namely ; (i) order dated 21st July, 1988 passed by Division Bench in Appeal No.901 of 1988 in Motion No. 673 of 1987 in Suit No.604 of 1987 and (ii) order dated 12th October, 2001 passed in Motion No.1366 of 2000 in Suit No.604 of 1987. : 2 : nms-3301-09=.sxw 2. Learned Counsel for the plaintiff submitted that according to the plaintiff as of today, respondents mentioned in this notice of motion are occupying 6 shops and that they are occupying those 6 shops in violation of the aforesaid two orders. According to Counsel for the plaintiff it is in these peculiar circumstances, notice of motion has been taken out. 3. After having understood the scope of the motion, it is apparent that the plaintiff is alleging that all the defendants or some of the defendants have violated the aforesaid orders and each of the respondent is occupying respective shop in violation of the orders mentioned above. If this is the submission of the plaintiff, it will be open for the plaintiff to take out appropriate proceedings to protect his interest with reference to the aforesaid orders, may be contempt proceedings. 4. After hearing this observation, learned Counsel for the plaintiff applied for withdrawal of this motion with liberty to take out appropriate proceedings to protect the interest of the plaintiff. : 3 : nms-3301-09=.sxw Motion is allowed to be withdrawn in view of the observations of the Court and the request made by learned counsel for the plaintiff. There shall be no order as to costs. Liberty as prayed for is granted. No views are expressed on merits of this notice of motion. Suit is adjourned to 23rd September, 2010 for issues. (R.Y.GANOO, J.)