NMS493-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.493 OF 2009 IN SUIT NO.204 OF 2009 Kukreja Construction Company & Ors. .. Plaintiffs Versus Vilas Pandharinath Patil .. Defendant Mr.Gaurav Joshi i/b. DSK Legal for plaintiffs Mr.Sanjeev Savant for defendant CORAM : S.C.DHARMADHIKARI, J. DATE : 6th October 2010. P.C.: 1] Heard both sides. Defendant is duly served. It appears that there is written statement filed on behalf of defendant duly affirmed by him. 2] The suit is filed against the defendant for possession on title. The allegation is that the defendant is a trespasser. The apprehension is expressed that being in possession of part of the suit property, there NMS493-09 2 is every likelihood that it would be transferred so as to frustrate and defeat the claim of the plaintiff, who are developer and plaintiff No.3 is owner of the property. Having perused the plaint and annexures so also the written statement I am of the opinion that prima facie case to the extent of grant of interim injunction is made out. Balance of convenience is also in favour of the plaintiffs to that extent. Subject matter of the suit will have to be protected and preserved or else there will be irreparable loss and injury to the plaintiffs. 3] For all these reasons, there will be an interim injunction restraining the defendants from disposing of, transferring, creating, third party rights in any manner so also from inducting anybody else in possession of the suit property which is more particularly described in Annexure F to the plaint. Motion is made absolute accordingly. (S.C.DHARMADHIKARI, J)