1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 536 OF 2007 NOTICE OF MOTION NO. 536 OF 2007 NOTICE OF MOTION NO. 536 OF 2007 IN IN IN WRIT PETITION NO. 526 OF 2006 WRIT PETITION NO. 526 OF 2006 WRIT PETITION NO. 526 OF 2006 M/s. Mysore Co-op. Housing Society Ltd., .. Petitioners. vs. The State of Maharashtra & Ors. .. Respondents. Mr. M.M. Vashi i/by A.M. Sarogi for Petitioners. Ms. Geeta Shastri, AGP., for Respondent nos.1 to 3. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & K.K. TATED, JJ. K.K. TATED, JJ. K.K. TATED, JJ. DATE: 9TH SEPTEMBER, 2008. DATE: 9TH SEPTEMBER, 2008. DATE: 9TH SEPTEMBER, 2008. P.C. . Heard. 2. The petitioners have taken out this notice of motion for seeking an interim order for restoration of the possession of the land admeasuring 10,515.6 sq. mtrs., which, according to the petitioners, has been illegally taken over by the respondents in violation of the orders passed by this Court. In the alternative, 2 it is prayed that the respondents be ordered and directed to pay a sum of rs. 4,79,27,502/- with interest from 5.6.2000. 3. In the substantive petition identical reliefs are sought. In addition, the petitioners have also sought TDR in place of compensation. In reply to this, it is the contention of the respondents that the possession of the land in question is taken in terms of the agreement entered into between the parties. 4. In our view, the parties will have to be heard on merits in the matter. Otherwise, grant of any of the reliefs sought in the notice of motion would amount to granting final relief sought in the petition. In so far as the interest of the petitioners are concerned, the same stands well protected as in the substantive petition all that the petitioners have claimed is compensation either in terms of the amount quantified in the prayer clause or by way of T.D.R., and, therefore, we do not find that this Court can grant the reliefs sought for in the motion taken out by the petitioners. We, therefore dismiss the notice of motion. 5. The petition to be listed for hearing in due course. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) 3 (K.K. Tated J.) (K.K. Tated J.) (K.K. Tated J.)