Chandka 1 NMS-866-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 866 OF 2011 IN SUIT NO. 3070 OF 2010 Mohinidevi Ashok Mathrani & Anr. ..Plaintiffs versus Ramesh Parmanand Bhatia ..Defendant Mr. Rajesh Shah with Mr. I. Vohra i/b. Mr. Bipin Joshi for Plaintiffs. Mr. Rushabh Shah with Mr. V. Bodke i/b. M/s. Chitnis Vaithy & Co. for Defendant. CORAM : DR. D. Y. CHANDRACHUD, J. 07 April 2011. P.C. : The suit is between members of a family, for partition. On 13 December 2010 the court directed the maintenance of status quo in respect of the estate of the deceased more particularly described in paragraphs 5, 6 and 7 of the plaint. The Motion was directed to be listed on 14 February 2011. On 15 February 2011 since the learned advocate appearing on behalf of the Plaintiff was not aware of the facts of the case, the learned Single Judge directed that no ad interim relief could be granted and the Motion was directed to appear in the normal course. The contention of the learned counsel is that on 15 February 2011 a junior advocate had appeared in the Chandka 2 NMS-866-11 Court and it appears that the order was passed since the learned Advocate was not apprised of the facts of the case. 2. Before the Court, it has been fairly stated on behalf of the Defendant that the Defendant has no intention to create any third party rights in respect of the estate which forms the subject matter of the suit and would maintain the status quo. In the meantime it has been agreed between the learned counsel appearing on behalf of the Plaintiffs and the Defendant that the parties will make an earnest effort to resolve the dispute amicably. 3. In the circumstances for the reasons already indicated earlier, the Motion is made absolute in terms of prayer clause (a). The Motion is disposed of. 4. The statement which has been made on behalf of the Defendant as noted earlier is recorded and shall continue to operate until the Motion is taken up for final hearing. The Motion is made returnable on 29 April 2011 when the Court will be apprised of the developments, if any, that have taken place in the meantime. (Dr. D. Y. Chandrachud, J.)