1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO.3813 OF 2008 IN SUIT NO.3078 OF 2008. Harsha Yogesh Kapadia. ..Plaintiff. vs. Indumati Haridas Udeshi & Ors. ..Defendants. .... Mr.Simil Purohit, a/w. Ms. Lata Bachani, i/b. Ms. Kanchan S. Chindarkar, for Plaintiff. Mr. V.P. Sawant, a/w. M.A. Rochiramani, i/b. M/s. Rochi & Rochi, for Defendant Nos. 2 to 5. Mr. Jay Joshi, i/b. S.R. Joshi & Co., for Defendant No.7. .... CORAM : S.J.KATHAWALLA, J. DATE : 23RD JUNE 2009. P.C. The notice of motion is disposed of by the following order, which is passed by consent :- (1) Defendant nos. 2 to 5, their servants and agents are restrained from in any manner disposing of, alienating, encumbering, transferring and/or in any manner creating any third party rights 2 and/or inducting any third parties into all or any of the immovable properties, mentioned in Exhibit-B to the plaint (the said properties). (2) Defendant nos. 2 to 5 shall continue to collect the rent of the said properties from the respective tenants and pay the expenses towards maintenance and other outgoings in respect of the said properties including the municipal taxes and cess, etc. and they shall maintain proper accounts thereof. (3) Defendant nos.2 to 5 agree and undertake to furnish a list of all the tenants in the said properties to the plaintiff within a period of 2 weeks from today. It is clarified that the list of tenants shall mean the persons in whose names, the rent receipts are being issued. (4) Defendant nos. 2 to 5 agree and undertake not to transfer any rent receipts and/or not to create any new tenancies in the suit properties without the permission of this Court. (5) In the event of any of the tenant/s in the said properties, surrendering their tenancy to defendant nos. 2 to 5, 3 defendant nos. 2 to 5 agree and undertake to inform the plaintiffs in writing about such surrender of tenancy, within a period of one week from such surrender. Defendant nos. 2 to 5 further agree and undertake not to use occupy the premises, so surrendered. However, defendant nos. 2 to 5 shall be at liberty to move this Court seeking appropriate directions in respect of the premises/tenancy so surrendered after serving a written notice on the plaintiff. (6) The undertakings given by defendant nos. 2 to 5 are accepted. 2. Notice of Motion stands disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]