1 nms2834-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2834 OF 2009 IN SUIT NO.1965 OF 2009 Vasant L. Parmar and Anr. .. Plaintiffs Vs. Vilas Atmaram Shidruk and Ors. .. Defendants Mr.G.N. Pandit for the plaintiff Ms.Shital Ranakhambe i/b M/s.Valaipuri and Co. for the defendant no.3 CORAM : S.C.Dharmadhikari, J. DATE : December 10, 2010 P.C. : 1. Reply of Mr.Surjit Narinder Chadha of defendant no.3 in the suit is taken on record. Copy thereof is handed over to plaintiffs advocate in court. Defendant ’ no.3 claims to be a bonafide purchaser for value without notice. 2. This notice of motion is filed in August 2009 and the plaintiff has sought interim relief in terms of prayer clause (b) of the Notice of Motion. 2 nms2834-09 3. When this matter was placed before the court on 1.10.10, Mr.Pandit, learned counsel appearing on behalf of the plaintiffs invited my attention to the interim order passed by the City Civil court preserving and protecting the subject matter of the suit. The City Civil Court Suit was filed in October 2008. Interim order has been in operation since then. Thereafter, the plaintiffs have stated that the City Civil Court has permitted the plaintiffs to withdraw the suit and file a substantive suit. 4. The facts in that behalf are set out in paras 9 and 10 of the plaint. However, all throughout the interim order in the City Civil Court, suit has been continuing and that has been continued by me on 1.10.10. I do not see how by filing of affidavit in reply today by defendant no.3, the position as emerging on 1.10.10 and prior thereto has undergone any change. No prejudice will be caused if the order dt.1.10.10 in this notice of motion is continued till the hearing and final disposal of the suit but without prejudice to the rights and contentions of the parties. Motion is made absolute accordingly. ( S.C.Dharmadhikari, J. )