1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3921 OF 2008 IN SUIT NO.3693 OF 2003 Neeraj Shyam Choudhary .. Plaintiff Versus Sneha Shyam Choudhary & Ors. .. Defendants Mr.Vishal Kanade with N.Parikh i/b. Mansukhlal Hiralal & Co. for plaintiff Mr.R.P.Joshi for defendant Nos.6 to 10 and 12. CORAM : S.C.DHARMADHIKARI, J. DATE : 12th March 2009. P.C. . Heard Mr.Kanade for plaintiff and Mr.Joshi for defendant Nos.6 to 9, 10 and 12. 2. The suit is filed by the plaintiffs for declaration of share and partition of the properties more particularly listed in the plaint and schedule B thereto. 2 3. Having perused the affidavit in reply, rejoinder and further affidavits, I am of the view that interest of justice would be sub-served if the subject matter of the litigation is preserved and protected. 4. On the last occasion, when the matter was listed for ad-interim reliefs, limited protection was granted against alienation, encumbrance, transfer of the suit properties and some businesses which are allegedly claimed to be belonging to the joint family. 5. After the matter was argued for some time, Mr.Joshi appearing for contesting defendants makes a statement that contesting defendant Nos. 6 to 10 and 12 will not alienate, encumber, part with possession or create third party rights in any manner in respect of the suit properties and the businesses more particularly of one Unique Stores, managed and administered by 3 defendant No.12. The said business will not be assigned to any third parties as well during the pendency of the suit. 6. Mr.Kanade appearing for plaintiffs states that there is a business of quarrying which is managed by Choudhary Enterprises i.e. defendant No.11. This defendant is duly served but no affidavit has been filed on its behalf. In such circumstances, there will be an interim order against defendant No.11 in terms of prayer clause (b), except the words "dealing with". This order does not prevent the defendant No.11 from carrying on business and recovering such sums in the ordinary and usual course thereof, subject to final orders in the suit. (S.C.Dharmadhikari, J)