1 NMS.4009/2009 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4009 OF 2009 IN SUIT NO. 2919 OF 2009 Sunil S. Ghalsasi ..Plaintiff. Vs. Ganesh R. Satghare & Ors. ..Defendants. ---- Plaintiff in person. Mr. A.A. Joshi along with Mr. Neel Helekar, for Defendant Nos.2 and 3. --- CORAM: S.C. DHARMADHIKARI, J. DATED : 24 th AUGUST, 2010. P.C. 1] Office report dated 2.3.2010 indicates that the defendants are duly served. 2] Shri Joshi, learned Advocate i/b Shri Neel Helekar appears on behalf of defendant nos.2 and 3. On instructions from defendant nos.2 and 3, Shri Joshi states that the plaintiff has entered into agreement/s more particularly agreement dated 14.2.2007 with defendant no.1. Defendant no.1 was to develop the property and hand over the flat as agreed to the plaintiff. Defendant nos.2 and 3 are claiming through defendant no.1. 2 NMS.4009/2009 3] Defendant nos.2 and 3 have no intention of committing breach of any of the terms and conditions of the agreements between the plaintiff and defendant no.1. They will, therefore, not alienate, encumber, transfer or part with possession of the flat no.101, more particularly described in prayer clause (a) in any manner till the suit is disposed of. 4] Statements made by Shri Joshi on instructions are accepted as undertaking. These statements shall continue till the disposal of the suit. 5] In the light of the above statements, interest of plaintiff is sufficiently protected. Therefore, no interim orders are necessary. Notice of Motion is disposed of in these terms. This order does not prevent plaintiff to apply for a decree as against defendant no.1 if the writ of summons is duly served and no written statement is filed within time prescribed by rules. This order is passed without prejudice to the rights and contentions of the parties. [S.C. DHARMADHIKARI, J.]