1 kbp IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.331 of 2007 in Suit No.24 of 2007 M/s.Kukreja Construction Company ..Plaintiff Vs. The Municipal Corporation of Greater Mumbai and anr. ..Defendants. ........ Mr.S.S.Joshi, for plaintiff. Mr.Shirsekar with Mr.Pimple, i/b.M/s.S.H.Ujjainwala, for Defendant No.1. Ms.V.N.Bangera, for Defendant No.2. ......... CORAM: R.S.MOHITE, J. DATE : July 3rd, 2009. P.C. 1] Heard both sides. Plaintiff has filed this Notice of Motion seeking following reliefs : (A) That pending the hearing and final disposal of the suit, this Hon’ble Court be pleased to pass temporary order and injunction thereby restraining the Defendant No.1, their agents, servants, officers and / or any other persons acting on their behalf from completing the sale / issuing sale certificate / handing over possession of the said property to the Defendant No.2 under the said auction sale pursuant to the said auction sale dated 15th February, 2005; 2 (B) That pending the hearing and final disposal of the suit, this Hon’ble Court be pleased to pass temporary order and injunction thereby restraining the Defendant No.1, their agents, servants, officers and / or any other persons acting on their behalf from entering into the premises of the said property of Trishul “D” building or any part thereof for carrying on any construction activity of any nature whatsoever and disturb the possession of the Plaintiffs by doing any other act; (C) That pending the hearing and final disposal of the suit, this Hon’ble Court be pleased to pass temporary order and injunction thereby restraining the Defendant No.2, his agents, servants, and / or any other persons acting on this behalf from alienating, encumbering, transferring and / or creating third party interest in respect of the said property of Trishul “D” building; 2] On perusal of the Affidavit-in-reply it seems that the sale certificate has already been issued on 15th December, 2005 in respect of the property to be auctioned i.e. structure having CTS No.120-B/14 admeasuring 38580 square meters. The Counsel appearing for Defendant No.2 states that Defendant No.2 will not part with the possession or alienate the possession of the suit property. She claims that Defendant no.2 is in possession of the shop on the ground floor. 3] The statement of Counsel appearing for Defendant No.2 is accepted. Since the sale certificate has already been issued, Prayer Clauses `A’ and `B’ can not be granted. In view of the acceptance of the 3 aforesaid statement and also undertaking tendered, there is no necessity to pass order in terms of Prayer Clause `C’. Notice of Motion is accordingly disposed of. (R.S.MOHITE, J.)