JUDGMENT :

B.P. Colabawalla, J.

1. This Notice of Motion has been filed seeking a dismissal of the suit under Order VII Rule 11 of the Code of Civil Procedure, 1908. The ground, on which dismissal of the suit is sought, is that it discloses no cause of action. The other prayer that is sought in this Notice of Motion is that this Court be pleased to direct the plaintiff to execute and register a Deed of Cancellation of the lis pendens within such time and period, as this Hon'ble Court may deem fit and proper.

2. As far as prayer (b) is concerned, the learned Advocate appearing on behalf of defendant No.1 submitted that the actual relief that he seeks is that defendant No.1 be entitled to deal with the suit property as it may deem fit without the same being subjected to the operation of lis pendens under Section 52 of the Transfer of Property Act, 1882 subject to whatever terms this Court may deem fit to impose in its discretion.

3. As far as the prayer for rejection of the plaint is concerned, I am unable to agree with the learned Advocate appearing on behalf of defendant No.1 that no cause of action has been set out in the plaint which would enable me to reject it. The relief sought in