1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2168 OF 2007 IN SUIT NO.1536 OF 2007 Sabirbhai M. Dhinojwalla & Anr. ....Plaintiffs V/s. M/s.M.A.Developers & Anr. ....Defendants Mr.A.C. Singh with Mr.Ashwin R.Singh i/b Mr.D.R. Shah for the Plaintiffs. Mr.Amit Jamsandekar i/b M/s.A.R.Vaidya & Co. for Defendant No.1. Mr.Manoj Nikose for Defendant No.2. CORAM : S.J. VAZIFDAR, J. DATE : 4TH SEPTEMBER, 2009. P.C. :- 1. The parties have not insisted on the reasons for this order. 2. Defendant No.1 is the developer and submits to the orders of this Court. Under the development agreement, Defendant No.1 is to hand over the flats to Defendant No.2 in the building of Defendant No.2 – society. Defendant No.1 will not hand over the flats to any party except to Defendant No.2. 3. Defendant No.2 society states that till Petition No.1024 of 2008 filed by the Plaintiff for Letters of Administration is decided, it will not hand over possession of the suit flats to any party without the leave of the Court. In the event of the Plaintiffs obtaining Letters of Administration, liberty to 2 the Plaintiffs to apply. The Defendants are at liberty to take any steps for the purpose of recovery of any dues including the arrears of maintenance. 4. Upon the flats being handed over by Defendant No.1 to Defendant No.2, Defendant No.2 shall identify the flats to be kept vacant for the Plaintiffs in the event of the Plaintiffs being held to be entitled to the same. 5. The Notice of Motion is accordingly disposed of.