MAHENDRA JAYANTILAL VORA Vs. ADITYA ENTERPRISES

JUDGEMENT

(1.) The appellants are original plaintiffs in the suit filed by them for declaration that the agreement dated 26th august, 2002 has been legally and validly terminated by the plaintiffs with effect from 10th March. 2004 and that the defendants have no right, title or interest under the said agreement and/or in respect of construction already put up by the defendants and direction to defendants by way of mandatory injunction to remove themselves and their materials and machineries etc. from the said construction site forthwith. The plaintiffs took out Notice of motion praying for the following interim reliefs:

(2.) The defendants contested the notice of Motion by filing reply affidavit and inter alia set up the case that the defendants have sold nine flats to various purchasers and by the letters dated 2nd March, 2004, 19th march, 2004 and 31st May, 2004, the plaintiffs were informed in that regard. According to the defendants, the plaintiffs were aware that the said nine flat purchasers have an interest and any order passed by the Court would affect the right, title and interest of the nine flat purchasers. We are informed that subsequently, agreement of one flat purchaser has come to an end.

(3.) In the backdrop of this aspect, it appears the learned Motion Judge directed the plaintiffs to amend the Plaint by joining the persons whose names were disclosed in the letter dated 31st May, 2004 of the defendants at Sr. Nos. 1 to 5, 7, 8 and 9 and carry out necessary consequential amendments in the plaint. The learned Motion Judge recorded the statement made on behalf of the defendants that they would not create further third party interest until the disposal of the suit and that they would not carry out any further construction without seeking the leave of the court. In view of these statements, the learned motion Judge disposed of the Notice of Motion with liberty to take out fresh Notice of Motion seeking interim reliefs including the interim reliefs which were sought in the Notice of motion.