IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2756 of 2008. NOTICE OF MOTION NO.2756 of 2008. NOTICE OF MOTION NO.2756 of 2008. IN IN IN SUIT NO.2735 of 2006. SUIT NO.2735 of 2006. SUIT NO.2735 of 2006. M/s. Housing Development Finance Corporation Limited ..Plaintiffs versus Mr.Wanve Mhatardeo Kemji & Ors. ..Defendants Mr.S.A.Oak i/b.Mahesh Menon & Co. for the Plaintiff CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 1st Oct., 2008. DATED : 1st Oct., 2008. DATED : 1st Oct., 2008. P.C. 1. The plaintiffs by this motion want that the flat described in prayer clause (a) should be sold and that the sale proceeds be deposited with the plaintiffs. According to plaintiffs,equitable mortgage was created in Order to secure the loan granted by the plaintiffs to the defendant No.1. Defendant Nos.2 and 3 are the guarantors. 2. I have heard learned advocate for the plaintiffs. The plaintiffs want that the suit flat should be disposed of pending the suit. In my view, if such a course is followed it would be hazardous as the suit is yet to be decided. It is -2- quite possible that the defendants may succeed in the suit and before disposal of the suit if the flat is sold it would result in causing prejudice to the defendant No.1 who has purchased the flat and is ___ ___ prior to the institution of the suit cannot be restored. It is open for the plaintiff to secure the money by some other manner,the manner suggested by the plaintiff cannot be accepted as in my view it will amount to destroy the security on the basis of which the loan was granted particularly when the suit is filed and the matter is pending. 3. Motion cannot be granted and the same is dismissed with no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)