: 1 : nms-2187-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2187 OF 2010 IN SUIT NO. 794 OF 1996 Prashant Niwas Co-op. Hsg. Ltd. & Anr. .. Plaintiffs v/s. Mrs. Raj Vatsa & Ors. .. Defendants ......... Mr. Niranjan Pandit with Mr. Muralidharan i/by M/s. Joy Legal Consult for plaintiffs in support of NMS. Mr. Ram U. Singh with V.K. Sharma for defendant no.2 None for other defendant nos. 1, and 3 to 8. ......... CORAM : R.Y.GANOO, J. DATE : 6th DECEMBER, 2010 P.C. : 1. Learned Counsel appearing on behalf of the plaintiffs submits that if relief in terms of prayer clause (c) [which is wrongly typed as prayer (b)] namely prayer for expeditious hearing of the suit is granted, the plaintiffs will not press for reliefs in terms of prayer clauses (a) and (b). Learned Counsel Mr. Pandit appearing on behalf of the plaintiffs pointed out the state of affairs at site ultimately to show that the building where the members of plaintiff no.1 are residing is in absolutely dilapidated condition. After perusal the photographs which are annexed to the motion, I am inclined to expedite the hearing of the suit. Hence, following order is passed to dispose of the motion. : 2 : nms-2187-10=.sxw ORDER (i) Notice of Motion is made absolute in terms of prayer clause (c) [which is wrongly typed as prayer clause (b)]. (ii) Notice of Motion is allowed to be withdrawn so far as prayer clauses (a) and (b) are concerned. There shall be no order as to costs. (iii) Learned Counsel for the plaintiffs states that all the defendants are served. Plaintiffs to file affidavit of service on the next date for confirmation of this statement. If any of the defendant who is duly served as of today, intends to file written statement, same be filed on or before 7th January, 2011. (iv) Plaintiffs to serve copy of this order upon all the defendants who have yet not filed written statement despite service of the writ of summons upon them. Suit is adjourned to 7th January, 2011 for further directions on the ground that suit is ordered to be expedited. (v) Plaintiffs to inform this order to such of the defendants who are not represented by the advocate as of today. Notice of Motion is disposed of in the above terms. (R.Y.GANOO, J.)