1 mss NMS2960 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2960 OF 2011 IN SUIT NO. 950 OF 2006 HANSRAJ PRAGJI WAREHOUSING PVT.LTD. .. PLAINTIFFS Vs. BOMBAY CYCLE & MOTOR AGENCY LTD. .. DEFENDANTS Mr. Shailesh Shah i/b Pandya Gandhi & Co. for the plaintiffs Mr. D.H. Mehta a/w D. D. Mehta i/b D. M. Legal Assoc. for defendants CORAM: S.C.DHARMADHIKARI, J. DATED: 5/12/2011 P.C. This is a notice of motion which has been moved by the plaintiffs seeking permission to demolish the ramp leading from the ground floor upto the terrace of the suit building at the cost of the plaintiffs under order and direction of this court. 2. After the matter was argued by Shri Shah, learned Senior Counsel appearing for the plaintiffs and Mr. Mehta, learned counsel appearing on 2 mss NMS2960 behalf of the defendants, both sides have agreed that no relief be granted in terms of the prayers of notice of motion at this stage. Parties would be satisfied, if the defendants are allowed to repair the ramp leading from the ground floor upto the terrace of the suit building at the cost, charges and expenses of the defendants without prejudice to the rights and contentions of both parties including to claim expenses of such repairs. 3. Needless to clarify that beyond the issue of the repairs that are being allowed to be carried out nothing has been decided in relation to the rights of the parties under the agreement which is subject matter of this suit. 4. It is also agreed between the parties that, if there are movables or structures on the ramp from the ground floor leading to the terrace, the same shall be removed by the plaintiffs at their cost, charges and expenses but without prejudice to their rights and contentions in the suit. 5. It is also agreed between the parties that the repair work shall be completed by 30/4/2012. Liberty to apply. 6. Notice of motion is disposed of in these terms. (S. C. DHARMADHIKARI, J.)