:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 379 OF 2009 OF MOTION NO. 379 OF 2009 OF MOTION NO. 379 OF 2009 IN IN IN SUIT SUIT SUIT NO. 1218 OF NO. 1218 OF NO. 1218 OF 2003 2003 2003 Ms. Norma Carneiro Alphonso & Anr. ... Plaintiff. V/s. Dr. Kenneth Carneiro Alphonso. ... Defendant. Mr. S.S. Kudalkar for the Plaintiff. Mr. J.M. D’Silva for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 04TH 04TH 04TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . This is a Notice of Motion by the Defendant. 2. At the ad-interim stage itself with consent of both sides, the Motion is placed for hearing and final disposal. It is disposed off by this order. 3. The request of the Defendant is that the Plaintiffs should be directed to remove a chain and lock on the compound gate of the suit premises as it is not possible for the Defendant to park his car in the garage located and situated in the suit premises. 4. The description of the garage and the property is at Exhibit ‘A’ to the plaint. :2: 5. The Suit is filed for partition. The Defendant is the brother of the First Plaintiff. In the light of the fact that both sides have a long standing dispute, it would not be proper to allow the Defendant to enter the property for the purpose of using and occupying it. However, his limited request can be granted on the following agreed terms :- (i) The Defendant can park his car in the garage situated in the suit premises. For that purpose he will be allowed to enter the compound/premises and he shall park the vehicle in the garage and thereafter, remove himself from the suit premises/portion thereof. Both sides agree that they will put a common lock on the gate/compound wall and the Defendant can remove the said lock only for the purpose of accessing the garage and parking his vehicle/car therein. (ii) This arrangement is without prejudice to the rights and contentions of both sides in the Suit. The Defendant cannot on the basis of this order claim to be in possession of the suit premises or the garage. He also cannot claim to be in possession of the compound of the building. All that he is permitted is to take his vehicle and park it in the garage by removing the lock on the :3: compound gate. He can use the compound only for taking his car to the garage and for removing the same. 6. The Notice of Motion is disposed off. The order is passed on the basis of without prejudice statements made in para 13 of the letter dated 19th January 2009 by the Plaintiffs’ Advocate. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)