*1* nms.2806.09.s.1980.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2806 OF 2009 IN SUIT NO.1980 OF 2009 Shree Shakti Developer. ..Plaintiffs -Versus- Mohan Malhotra and others. ..Defendants .......... Anil Singh a/w D.R.Tiwari, for the Plaintiffs. Sharan Jagtiyani a/w Y.M.Kanchan, for the Defendant Nos.1 and 2. G.M.Savagave, for the Defendant Nos.9 to 13. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 06th December, 2010. P.C. 1 On attention of the parties being invited to the detailed order made at ad-interim stage, Mr.Jagtiyani, learned counsel appearing for the Defendant Nos.1 and 2, on instructions, states that no plans have been sanctioned or approved for any development or construction on the suit property. He states that as and when the plans are sanctioned and approved, the Defendant Nos.1 and 2 will give four weeks’ notice to the Plaintiffs’ Advocate to enable him to apply for any interim relief in the suit. In other words, even if the plans are sanctioned, the development and construction activity will not commence for a period of four weeks so as to enable the Plaintiffs to seek interim relief in the suit. 2 Mr.Jagtiyani makes this statement without prejudice to the rights and contentions of the Defendants Nos.1 and 2 and states that they are in possession of the property. *2* nms.2806.09.s.1980.09.sxw 3 Mr.Singh, learned counsel appearing for the Plaintiffs, states that the issue of possession has not been decided finally and this Court has recorded the above statement on the basis of the statement of Mr.Jagtiyani only. 4 In such circumstances and when the property has been fenced and that has been recorded in the ad-interim order and that the ad- interim order states that the same is without prejudice to the rights and contentions of the parties and even today’s order is on that basis and that Mr.Jagtiyani gives four weeks’ time, I see no prejudice in the Plaintiffs making a fresh application for interim reliefs. Accordingly, this Notice of Motion is disposed of. (S.C. Dharmadhikari, J)