Placid Rodrigues vs. Vaibhav Developers

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. OF 2009 in SUIT NO. 1162 OF 2009

Placid Rodriques ........Plaintiff versus M/s. Vaibhav Developers ........Defendants.

Mr. V.R. Tripathi i/b. V.R. Tripathi & Asso. adv. for the Plaintiff. Mr. R.D. Soni adv. for the Defendants

CORAM: A. P. DESHPANDE, J. DATED : 08th MAY, 2009.

P.C.:

Leave granted to take out motion.

1. Heard the learned counsel for the plaintiff. By the present notice of motion the plaintiff is seeking a restraint order against the defendants in the nature of injunction from entering into the suit property and/or from carrying on any construction activity thereon. The prayer in the notice of motion pre-supposes the plaintiff to be in possession of the property. However it is undisputed and even according to the plaintiff the plaintiff has been dispossessed and his structure is demolished. If this be the position, no preventive order of injunction can be passed that too in the nature of an ad-interim order. The suit is filed in March and

moved on the last working day before the vacation. I am of the opinion that the defendant need to be granted time to file affidavit in reply. No prima facie case for ad-interim relief is made out. Hence issue notice on the motion returnable on 16 th June 2009. The counsel for the defendant waives service.

(A. P. DESHPANDE, J.)