1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 996 OF 2008 IN SUIT NO. 808 OF 2004 Shantikumar D. Majithia & Ors. ...Plaintiffs Vs. Union of India & Ors. ...Defendants Mr. S.U. Kamdar, Sr. Counsel i/b. Kanga & Co., for Plaintiffs Mr. D.J. Khambata, Additional Solicitor General with Mr. S.R. Rajguru for Defendant No.1 Ms. Geeta Shashtri for Defendant Nos. 2 to 4 CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST JUNE, 2010 P.C. : 1. The Plaintiffs’ title is disputed. The issue involved in this Suit is under consideration of the Apex Court in S.L.Ps filed in similar dispute challenging the order of the SLAO in those disputes which is ultimately being challenged before the Division Bench of this Court. 2. Since the same issue is involved in this Suit, this Notice of Motion can be heard and disposed off after the order of the Apex Court is filed with regard to the disputed title. The Plaintiffs are in possession of the Suit lands. The Plaintiffs shall be entitled to continue in possession pending the 2 order of the Apex Court, but shall not be entitled to sell, deal with, dispose off, alienate, encumber, part with possession, transfer or create any 3rd party rights and develop the Suit lands pending the Suit. 3. The Notice of Motion is adjourned sine-die and either party shall be entitled to move the Notice of Motion on board after the order of Apex Court is filed. (SMT. ROSHAN DALVI, J.)