1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1527 OF 2003 NOTICE OF MOTION NO.1527 OF 2003 NOTICE OF MOTION NO.1527 OF 2003 IN IN IN SUIT NO.4712 OF 1997 SUIT NO.4712 OF 1997 SUIT NO.4712 OF 1997 Mrs. Halimabi Abdul G. Multani ...Plaintiff Vs. Mrs. Hajani Aminabai A. Karim & Ors. ...Defendants ----- None for Plaintiff Defendant No.1 and his Advocate absent Mr. Anil Singh for for Defendant No.2 CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. DATED: 5TH AUGUST, 2005 DATED: 5TH AUGUST, 2005 DATED: 5TH AUGUST, 2005 P.C. P.C. P.C. 1. The suit is filed for specific performance of 1. The suit is filed for specific performance of 1. The suit is filed for specific performance of the agreement dated 25th July 1997 Exhibit-A to the the agreement dated 25th July 1997 Exhibit-A to the the agreement dated 25th July 1997 Exhibit-A to the plaint. The Plaintiff further claims an injunction plaint. The Plaintiff further claims an injunction plaint. The Plaintiff further claims an injunction restraining creation of third party rights. The suit restraining creation of third party rights. The suit restraining creation of third party rights. The suit was filed initially only against Defendant No.1. with was filed initially only against Defendant No.1. with was filed initially only against Defendant No.1. with whom the Plaintiff entered into the said agreement. whom the Plaintiff entered into the said agreement. whom the Plaintiff entered into the said agreement. Defendant No.2 has been added as party Defendant since Defendant No.2 has been added as party Defendant since Defendant No.2 has been added as party Defendant since the suit property came to be transferred. Defendant the suit property came to be transferred. Defendant the suit property came to be transferred. Defendant No.2 has been brought on record by an amendment No.2 has been brought on record by an amendment No.2 has been brought on record by an amendment carried out on 6th August, 1998. carried out on 6th August, 1998. carried out on 6th August, 1998. 2. This Notice of Motion has been taken out in 2. This Notice of Motion has been taken out in 2. This Notice of Motion has been taken out in May 2003. The Plaintiff claims the relief against the May 2003. The Plaintiff claims the relief against the May 2003. The Plaintiff claims the relief against the creation of third party rights against Defendant No.2 creation of third party rights against Defendant No.2 creation of third party rights against Defendant No.2 in this Notice Motion. The discretionary relief of in this Notice Motion. The discretionary relief of in this Notice Motion. The discretionary relief of injunction in a suit for specific performance cannot injunction in a suit for specific performance cannot injunction in a suit for specific performance cannot 2 be granted to a party who has taken out such be granted to a party who has taken out such be granted to a party who has taken out such application after gross delay. Notice of Motion is application after gross delay. Notice of Motion is application after gross delay. Notice of Motion is dismissed. No order as to costs. dismissed. No order as to costs. dismissed. No order as to costs. (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)