1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.2365 of 2009 . in Suit No. 1590 of 2009 Sona Udyog Premises Co-op. Hsg. Soc.Ltd. .. Plaintiff v/s. M/s. Grand Marbles Industries Pvt. Ltd ..Defendant Mr.M.M.Vashi for the Plaintiff. Mr.A.W.Ketkar for the Defendant CORAM : R.Y.GANOO, J. DATED : 25th March, 2010 P.C. : 1. Heard learned Advocates on both sides. The plaintiffs claim that defendants are in possession of the land described in prayer clause (2) as tresspasser. The plaintiffs also allege that defendants are likely to create third party rights and/or part with possession of the land described in para 2 of the plaint i.e. the suit land. 2. In the notice dated 20.1.2009 there is reference that the land at survey nos. 17/1 was in possession of the defendants. According to the plaintiffs 2 this reference is patently wrong and the plaintiffs still maintain that the defendants are in possession of the land described in para 2 of the plaint. Defendants have filed affidavit in reply and defendants claim that they are in possession of survey no.17/1. However, in affidavit in reply it is not specifically stated by the defendants that they are not concerned with the land described in para 2. It is also noted that the defendants claim that they are the licenses of one M/s. Vijay Associates and that defendants are trying to put up their claim in respect of the land which they are in possession. 3. In my view, this is a fit case where the interest of the plaintiff is to be protected by passing order that defendants shall not create third party right, in respect of the suit land. It is in these circumstances, the following order is passed. ORDER i. Defendants, their agents and representatives are restrained from creating third party right and or part with the possession of the land in question, more particularly described in para 2 of the plaint. 3 ii. There shall be no order as to costs. iii. Motion is disposed of. iv. Learned Advocate Mr. Ketkar waives service on behalf of the respondents. Written statement to be filed in the office on or before 12/6/2010. Thereafter , suit to come up for hearing in the normal course. [R.Y.GANOO, J.]