IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4752 OF 2007 IN SUIT NO.3412 OF 1986 Hillaire D’Souza & Ors. ....Plaintiffs V/s. Everand Symmons & Ors. ....Defendants Mr.R.N. Parekh for the Plaintiffs. Mr.S.F. Rego with Mr.N.J. D’Monte for Defendant No.1. Ms.Bina Rao i/b M/s.Bina Rao & Co. for Defendant No.3. CORAM : S.J. VAZIFDAR, J. DATED : 22ND JULY, 2008. P.C. : 1. This is an application for rejection of the plaint and the dismissal of the suit on the ground that the Plaintiffs have no surviving interest in the property sought to be partitioned. There is a dispute as to whether the Plaintiffs have parted with all their rights in respect of their properties. For instance, it is contended by the Plaintiffs that the agreements entered into with third parties have come to an end and that a suit for specific performance has been filed against them and that they are opposing the same. 2. In the circumstances, the Notice of Motion is dismissed.