Roshan Dalvi, J. - (1.)This Notice of Motion is taken out by defendant No.5 society for the discharging/setting aside the injunction order dated 6th November, 2009 granted in favour of the plaintiff in Notice of Motion No. 3180 of 2009 in the above Suit, restraining defendant Nos.1 to 4 from allotting to defendant No.5 society the suit land and for discharging and setting aside the said order at least to the extent of the interest of defendant No.5 society.
(2.)The suit plot of land bear Survey No. 25 Hissa No.2 CTS No. 1250 and Survey No. 25 Hissa No.3 CTS No. 1251 in Kanjur village. The plaintiff sued for the declaration that it was the owner of the said land and the defendants had no right, title and interest thereto and for injunction restraining the defendants from disturbing the plaintiff's possession and declaring the notification issued under Sections 10(1) and 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 (the ULC Act) illegal and for incidental reliefs relating to the panchnama and the possession receipt executed and taken thereunder and the allotment made thereunder.
(3.)The Plaintiff's initial Notice of Motion was for injunction against the dispossession of the plaintiff against putting defendant No.5 society in possession. The plaintiff obtained an order of this Court in that Notice of Motion on 6th November, 2009 that the actions and steps that defendant Nos.1 to 4 would take in respect of the suit land pending the suit would be subject to further orders and directions of the Court in this Suit. The order dated 6th November, 2009 does not grant an absolute injunction to the plaintiff as prayed for by the plaintiff in Notice of Motion No. 3180 of 2009 taken out in this suit.
The order dated 6th November, 2009 does not grant either of the injunctions prayed for.