/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1456 OF 2008 IN SUIT NO.1223 OF 2008 Siraj Ahmed s/o. Abdul Aziz Abdul Gani & Anr. ...Plaintiffs Vs. Javed Mohammed Hanif Shaikh & Ors. ...Defendants --- Mr.Snehal Shah i/b M/s. S.K. Srivastav & Co. for Plaintiffs P.M. Shah for Defendant Nos.2 to 6 ---- CORAM: V.M. KANADE J. DATED JULY 14, 2008 P.C. Heard the Learned Counsel appearing on behalf of the Plaintiffs and the Learned Counel appearing on behalf of the Defendant Nos.2 to 6. None appears on behalf of the Defendant No.1, though they have been served. The learned Counsel for the Plaintiffs has filed the affdavit of service. The interim relief, which the Plaintiff is seeking in this Notice of Motion is that his possession should not be disturbed by the Defendants. In this case, the Plaintiff submits that he is in exclusive possession of the suit backery since 1984. Initially the said backery was managed by the three partners since 1958 viz. the Plaitiff and Defendant Nos._________. It is his case that the other partners had retired. Consequently from 1984, he is carrying on the business in the said premises as a sole proprietor. It is submitted that the / 2 / Defendants are seeking share in the said premises and in the backery business and are putting pressure on the Plaintiff to hand over possession of the premises. The Counsel for the Defendant Nos.2 to 6, on the other hand submits that the partnership deed which is placed by the Plaintiff is forged and fabricated document. It is however, submitted that if the Plaintiff is conducting the business from the suit premises, then the Defendants can claim the rights by taking out appropriate proceeding before the appropriate Forum. Considering the averments made in the plaint and documents annexed thereto, in my view, prima facie case is made out for granting of interim relief in terms of prayer clause (a). Notice of Motion is accordingly made absolute in terms of prayer clause (a). However, the Plaintiff shall not create any third party right for a period of 12 weeks, in order to enable the Defendant Nos.2 to 6 to take out appropriate proceeding before the appropriate Forum. Accordingly, the Motion is disposed of in the above terms. V.M. KANADE J. / 3 /