1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2554 OF 2009 IN APPEAL NO. 145 OF 2009 IN SUIT NO. 3275 OF 1987 Mrs.Kamalam P.Thilakan and Ors. ..Appellants Vs. Vithala Narayana Shetty ..Respondent .... Mr.Mahesh Menon i/by M/s. Mahesh Menon and Co. for Appellants and in support of Notice of Motion No.2554 of 2009 Mr.M.C.Hegde along with Mr.B.Mohidin for Respondent and in support of Notice of Motion No. 2566 of 2009 .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 9th MARCH, 2010 P.C.: 1 Heard the learned counsel for both the parties. We have perused the operative part of the decree under challenge in Appeal No. 145 of 2009 which has been filed by the Plaintiffs. We have noted that 2 though it is a decree of eviction, there is a relief in alternate on failure to hand over the suit premises to the Plaintiffs. 2 Hence, the Notice of Motion is allowed in terms of prayer clause (a). [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]