nms79.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.79 OF 2010 IN SUIT NO. 50 OF 2010 Suresh Mittal & Anr. ...Plaintiffs. Vs. Anusuya Ashchandra Jhaveri & Ors. ...Defendants. Mr. Nitin Thakkar, Sr. Counsel i/by M/s. K.N. Damania & Co. for the Plaintiffs. Mr. Ashok Purohit for Defendant Nos. 1 and 2. Ms. Sowmya Shrikrishna i/by M/s. Wadia Gandhy & Co. for Defendant No. 3. CORAM :- ANOOP V. MOHTA, J. DATED :- 15th JANUARY, 2010. P.C.- 1 Considering the averments made, and as for the same property, the Court has already granted relief in terms of prayer clause (b), in view of the statement of Defendant Nos. 1 and 2, the Plaintiffs’ case here is same, the property and the defendants are same, therefore, in view of this, the statement-prayer clause (b) as granted in other suit (Notice of Motion No. nms79.10 2 1829 of 2009 in Suit No.1301 of 2009) is confirmed till the disposal of the Notice of Motion. 2 It is made clear that it is with respect of Defendant Nos. 1 and 2 only. The liberty is granted to take out notice of motion for prayer clause (a), if necessary. 3 The Notice of Motion is disposed of accordingly with no order as to costs, with above liberty. (ANOOP V. MOHTA, J.)