: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1069 OF 2008 WITH CIVIL APPLICATION NO.1315 OF 2008 IN NOTICE OF MOTION NO.460 OF 2007 IN S.C.SUIT NO.527 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.R.G. Singh for the Appellant. Mr.D.S. Padwal for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 18TH OCTOBER, 2008. P.C. : 1. By consent the matter is placed on board and called out for hearing. 2. The impugned order warrants no interference on the plaint as it stands. In paragraph 1, the suit property is described as only a cottage. In paragraph 5 of the plaint, there is an admission that the Defendant resides in the : 2 : adjoining garage. There is nothing to indicate as to how thereafter the garage was allegedly vacated and came into possession of the Defendant. Further, the reliefs claimed are in respect of the suit property. The prayers read with paragraph 1 which describes the suit property as only the cottage therefore did not prevent the learned Judge from passing the order protecting the Defendant’s occupation of the said garage. 3. However, the only modification to the impugned order is that both the parties shall maintain status-quo in respect of the suit premises as well as the garage in all respects pending the hearing and final disposal of the Notice of Motion. This is without prejudice to all the rights and contentions of the Defendant to challenge the impugned order.