1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.375 of 2009 in Suit No.144 of 2009 Mrs.Poonam Malik ..Plaintiff vs. 1 Mrs.Asha Shashidutta Lakhanpal and others ..Defendants Mr.S.G.Walam for plaintiff Mr.G.C.Singh for defendant no.1 CORAM: S.C. DHARMADHIKARI J. 7 th December, 2009 P.C. 1 It is stated by the first defendant who is present in Court that defendant nos.3 and 4 are not residing in the suit property or any part thereof. They have not claimed any right, title or interest in the same nor has defendant no.1 created in their favour any right in the suit property. 2 This is a dispute between the daughters and mother. There are two 2 daughters, plaintiff and defendant no.2. Both are married. The first defendant is mother who is residing in the suit property and has stated that she is retired. She has no source of income other than the property itself. Her pension is meagre to maintain the property. 3 However, she makes a statement that she will not dispose of, transfer or create any third party rights in the suit property until the suit is heard and disposed of. The statement is made without prejudice to the rights and contentions of the parties and accepted as such. The statement is accepted as an undertaking to the Court. In the light of this statement it is not necessary to grant any interim relief. However, when the first defendant states before the Court that she will not transfer or dispose of the suit premises in any manner she is not prevented from entering into arrangement of paying guest so as to generate income for herself 3 and also for maintenance of the property. That she can create such an arrangement is clear from the statement itself. Motion is disposed of accordingly. (S.C.DHARMADHIKARI J.)