1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.4309 OF 2008 IN SUIT NO.926 OF 2003 Smt. Ramaben Mahendra Thakor ..Plaintiff. Vs. Vinod Ramanlal Thakor and others ..Defendants. .... Mr. S.B. Sharma for the Plaintiff. Mr. J.P. Sen with Ms. Sheetal Shah i/b Mr. Rahul Moghe for Defendants 1 to 3. .... CORAM: DR. D.Y. CHANDRACHUD, J. 6th April, 2009. P.C. : At the hearing of the Notice of Motion, counsel appearing for the Plaintiff and counsel appearing for the First, Second and Third Defendants who are the contesting parties are agreed to the following order being passed by consent and without recording of any further reasons : i) In terms of the relief that has been sought in terms of prayer clause (a) of the Motion, Defendant Nos.1 to 3 agree and undertake not to obstruct the use and occupation by the Plaintiff and Defendant 2 Nos.4 to 8 of the first unit of Flat No.1 situated at Prafulla Society, 1st Floor, Dadar (East), Mumbai, more particularly delineated by a red colour boundary on the plan annexed at page 34 to the affidavit in support of the Notice of Motion; ii) Defendants 1 to 3 shall not create any third party rights of whatsoever nature in respect of the first unit of Flat No.1 referred to in Clause (i) above or in respect of the garage appended thereto which is in use and occupation of the Plaintiff. The garage is similarly delineated by a red colour line on the plan at page 33 of the affidavit in support of the Notice of Motion; iii) As a part of arrangement between the parties, the Plaintiff agrees and undertakes not to disturb the use and possession of Defendant No.2 in respect of the second unit of flat No.1 and of the garage annexed thereto, more particularly shown by the green coloured boundary line on the plan annexed at pages 33 and 34 of the affidavit in support: 3 iv) Both the parties agree and undertake not to create any third party rights in respect of the entire flat bearing Flat No.1, Unit Nos.1 and 2. This arrangement shall be without prejudice to the rights and contentions of the parties in the suit. The Notice of Motion is accordingly disposed of since no other point has been pressed. ****