1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4179 OF 2006 IN SUIT NO. 3299 OF 2006 Ujjwala D. Mahale ...Plaintiffs versus Rajan Ramakat Patil & ors.....Defendant Mr. Ashutosh Khandeparkar for the Plaintiff' s Mr. C.G. Mogre for defendants 1, 9 and 10. CORAM: A.P. DESHPANDE, J. DATED: 28TH APRIL, 2008. P.C.: 1. The Plaintiff has filed a suit for partition and separate possession against the Defendant. Defendant no.1 is the brother of the Plaintiff and is a co-owner. By the present Notice of Motion, a prayer is made seeking to restrain the Defendant no.1 from alienating the suit property and from creating a third party interest there. The learned counsel for the Defendant nos. 1, 9 and 10 on instructions from Defendant no.1 who is present in the court undertaking not to alinate and/or create any third party interest in the suit property without the leave of the court. In view of this statement, which is accepted by the court, the learned counsel for the Plaintiff does not press the Notice of Motion and submits that the order dated 18-12-2006 passed by this Court in regard to the maintenance of the accounts and furnishing of the same to the Plaintiff twice a year be continued. The learned counsel for the 2 Defendant no.1, 9 and 10 has no objection for the same. In the result the direction in order dated 18-12-2006 in paragraph 2 is made absolute. Notice of Motion is disposed of. (A.P. DESHPANDE J.)