1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2095 OF 2009 IN SUIT NO.1129 OF 2009 ARK Builder and Developer .. Plaintiff Versus Sanjayy Ramnath Sharma & Anr. .. Defendants Mr.H.S.Shreepad Murthy for plaintiff Mr.A.S.Khandeparkar with Vikas Warekar i/b. Warekar & Warekar for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 30th September 2009. P.C.: 1] Mr.Khandeparkar appearing for defendants has invited my attention to the affidavit which has been filed and the statement made on 4th September 2009 based on instructions received from the defendants. 2] Mr.Murthy submits that in compliance with the order of this Court, recording the statements of the defendants, the structures at site have been removed and presently the property is vacant. 2 3] Both sides, therefore, agree that this notice of motion can be made absolute in terms of prayer clause (b) with liberty to apply for further interlocutory reliefs in case any occasion arises. Accordingly, the motion is made absolute in terms of prayer clause (b) with liberty as above. No costs. This order is without prejudice to the rights and contentions of the parties on merits. However, both sides state before me that the property has been fenced from all sides and the order passed in terms of prayer clause (b) does not affect the fencing and tin sheet compound which work has already been carried out at site. However, it is clarified that no rights can be claimed by either party on the basis of the said fencing and tin sheet compound. (S.C.DHARMADHIKARI, J)