pvr １ wp632-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.632 OF 2011 IN NOTICE OF MOTION NO.2460 OF 2006 IN SUIT NO.2154 OF 2006 1.Mr.Kamlesh C.Parekh & Anr. ...Appellants vs. 1.Mr.Paresh C.Parekh & Ors. ...Respondents --- Mr.V.R.Dhond, Sr.Advocate with Mr.Ashish Kamat i/b. Negandhi Shah & Himayatullah, for Appellants. Mr.Bhavesh Parmar i/b. Ms.S.A.Mailagir, for Respondent no.1. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 10th October,2011. P.C.:- 1. Admit. Heard finally by consent of parties. By consent of parties, the order of the pvr ２ wp632-11 learned Single Judge which is impugned in the appeal is modified to the following extent:- It is clarified that the interim order made in terms of prayer clause (b) of Notice of Motion no.2460 of 2006 does not relate to Flat no.C11 and Garage in Utkarsh Building, Girgaon Co-operative Housing Society Ltd., Sicca Nagar, V.P.Road, Mumbai. The learned Counsel appearing for Defendant no.1, without prejudice to his rights and contentions, states that he will not transfer, alienate, create third party rights or part with possession of flat no. C-11 in Utkarsh Building, Girgaon Co-operative Housing Society Ltd., Mumbai, for a period of Eight Weeks from today. The plaintiff is granted leave to amend the plaint. Amendment to be carried out within a period of two weeks from today. If any additional relief is claimed by the amendment, the defendant no.1 shall be at liberty to raise objection to pvr ３ wp632-11 the amended relief on the ground of limitation. The plaintiff shall be at liberty to apply for appropriate interim relief in relation to the aforesaid flat after carrying out amendment in the plaint. The learned Single Judge shall consider the prayer for such an interim relief on its own merit on the basis of the material produced before the learned Single Judge without being influenced by anything stated in the order impugned in the appeal. The appeal is disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)