1 NM-639 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.639 of 2010 IN Suit No.2769 of 1987 Smt.Saber Wd/o. Edi Jamshedji Madhava & ors. .. .. Plaintiffs v/s. Mrs.Roda Feroz Engineer & ors. .. .. Defendants Mr.Vishal Kanade with Mr.Vinod Thakkar for Plffs. Mr.Ivor Peter D Cruz for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 21st December, 2010 P.C. : 1.The Plaintiffs have applied for the relief of being given a key of the changed lock of the suit flat for which the Court Receiver was appointed earlier and for the Court Receiver to provide a key to the Plaintiffs. The suit has been filed since 1987. The original Plaintiff expired. The suit abated. After 17 years, the heirs sought themselves to be brought on record. This Court refused the relief. The Appeal Court granted the relief on 23 rd November 2009. Together with the relief, the Appeal Court requested this Court to decide the suit within six months from 23 rd November 2 NM-639 2009. The Counsel of the parties assured that they would co-operate in disposing of the suit. The Plaintiffs rely upon a letter dated 27 th August 2009 claiming the relief in respect of the key. Thereafter the order of the Appeal Court has been passed. It is too late in the day to grant the Plaintiffs the mandatory relief by way of an interim order in a suit filed 23 years ago and in which the present Plaintiffs have been brought on record 17 years after the death of the predecessor-in-title. 2.Hence no relief in the Notice of Motion is granted. The Notice of Motion is dismissed. 3.The parties have assured co-operation in disposal of the suit but have not done much after the order of the Appeal Court. The present Plaintiffs have been brought on record. The amendments have been served upon the Defendants in April 2010. The Defendants have not filed any Written Statement despite the amendments within 30 days or within 60 days. 4.The Defendants are given one last opportunity to file their Written Statement within 30 days from today, failing which the suit shall be kept for ex-parte decree on 24 th January 2011. If however, the Defendants do file their Written Statement, the issues in the suit 3 NM-639 shall be framed and directions for recording the evidence would be passed. (SMT.ROSHAN DALVI, J.)