1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO. 199 OF 2009 IN NOTICE OF MOTION NO. 1823 OF 2006 IN SUIT NO. 1586 OF 2006 ALONG WITH NOTICE OF MOTION NO. 1618 OF 2009 IN APPEAL NO. 199 OF 2009 IN NOTICE OF MOTION NO. 1823 OF 2006 IN SUIT NO. 1586 OF 2006 Vibhuti Investments Pvt. Ltd. ..Appellants Vs. Mukeshkumar Daulatrai Mehta and ors. ..Respondents Mr. U.J. Makhija a/w Ms. Sona Gandhi i/by Mulla & Mulla C.B.C. for appellants. Mr. Shailesh Shah i/by Amit Shroff for respondents. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR, JJ. July 13, 2009. P.C. 1. Heard Mr. Makhija the learned counsel for the appellants. Mr. Shah appears for the respondents. 2. We have perused the impugned order and the learned Single Judge has held that the execution of MOU dated 19/3/2002 was not disputed between the parties and the plaintiffs’ interest was required to be protected especially when they have stated in the 2 plaint that they are ready and willing to perform their part of the contract. The learned Single Judge also held that during the pendency of the suit, the transfer of tenancies was required to be protected. However, by the impugned order the protection has been limited to the properties shown at Exhs. E, F and G of the agreement and such a protection has been denied in respect of other suit properties. 3. We are satisfied that the protection to the plaintiff is required to be given in respect of all the suit properties. 4. We, therefore, order that pending the hearing and final disposal of the suit, the respondents shall not transfer or assign any tenancies in respect of the suit property except with the leave of the Court. The respondents shall be at liberty to accept surrender of any tenancies but shall not thereafter transfer even such tenancies except with the leave of the Court. The respondents shall also maintain status-quo in respect of the suit property except as permitted above. 5. With these limited directions, the appeal stands disposed off. Notice of Motion No. 1618 of 2009 does not survive and the same shall stand disposed as such. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)