JUDGMENT :

R.I. Chagla, J.

These Notices of Motion taken out in the respective Suits were heard together. The Plaintiffs in Suit No.1571 of 2010 ("the Creados Suit") are the Defendants in Suit No.2985 of 2011 ("the Khans Suit"). The two Defendants in the Creados Suit are the Plaintiffs in Khans Suit. Thus, the parties in both Suits are the same. The subject matter of the dispute in the Creados Suit and the Khans Suit also appear to be the same and concern a large plot of land bearing survey numbers corresponding to CTS No.505/505/30, 506/2 of village Juhu, referred to in as the 'Silver Beach Estate'. The Notice of Motion in the Khans Suit would have to be addressed first as it has a material bearing on whether to grant relief in the Notice of Motion taken out in the Creados Suit. Before adverting to the common facts which arise in both the Notices of Motion taken out in the respective Creados Suit and Khans Suit, it would be necessary to refer to the relief sought for in the two Notices of Motion. In the Notice of Motion taken out in the Khans Suit which shall be addressed first, the relief sought is as under:-

(a) that pending the hearing and final disposal of the present Suit this Hon'ble Court be pleased to pass a temporary order and injunction restraining the Defendants, their servants, agents, assigns or any other person claiming by, through or under them from in any manner, altering, affecting, disturbing, obstructing the Plaintiffs' continued rights, use and enjoyment of the internal roads / spaces within the Silver Beach Estate and the said open areas on Plot No. CTS 505 of village Juhu (Plot No.1) for access to / from their rear gate to /from (i) Juhu Beach through the Khajgi Raasta and (ii) A.B. Nair Road.

(b) that pending the hearing and final disposal of the Suit this Hon'ble Court be pleased to pass a temporary order and injunction restraining the Defendants by themselves, their agents, servants, assigns or any other person claiming by, through and under them to do any act or proceed further with the proposed development or to put up any construction on any part of the plot shaded in Green to Exhibit B-2 to the Plaint, in any manner whatsoever or to alter the layout of Silver Beach Estate, in any manner whatsoever,"

2. The relief sought for in the Notice of Motion taken out in the Creados Suit is as under:-

"(a) Pending the hearing and final disposal of the Suit, the Defendants, their servants and agents or persons claiming under the Defendants be restrained from:

(i) entering the said Plot No.A or any part thereof as shown on the plan being Exhibit "B" to the Plaint.

(ii) parking car or any vehicle on the said Plot No.A or any part thereof as shown on the plan being Exhibit "B" to the Plaint.

(iii) entering upon the Plot No.A by use of the said 3 ft. wide door on dividing wall running between the Plot No.2 and Plot No.A on blue colour line B-J as shown on the plan being Exhibit "B" to the Plaint.

3. The Plot No. A which is referred to in the relief sought for in the Notice of Motion taken out in the Creados Suit is a plot which is a part of the Plot No.1 on the Silver Beach Estate. Both plots belonged to the Creados. The real dispute is the construction permitted by the Creados on plot No. A through one M/s. Kyrus Industries (Defendant No.6 in the Khans Suit) with whom the Creados had entered into the purchase agreement for purchase of Plot No. A and pursuant to which plot No. A had been handed over to M/s. Kyrus Industries. The construction carried out by the M/s. Kyrus Industries Ltd. is claimed by the Khans to be affecting, disturbing, obstructing the Khans continued rights, use and enjoyment of the internal roads / spaces within the Silver Beach Estate and the open areas on plot No.1 for access to / from the rear gate of plot No.2 on the Silver Beach Estate which vest in the Khans to / from the Juhu beach through the Khajgi Raasta and the A.B. Nair Road. Thus, the short point which arises for determination is as to whe