: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3578 OF 2009 WITH NOTICE OF MOTION NO.2979 OF 2007 IN SUIT NO.1218 OF 2006 Lilaram Ladharam Lalwani .. Plaintiff v/s. Kishinchand Lilaram Lalwani & Ors. .. Defendants ........ Ms. K.C. Nichani for plaintiff. Mr. Y.S. Bhate for defendant no.1 ........ CORAM : R.Y.GANOO, J. Dated : 15th April, 2010. P.C. : 1. Heard learned advocates on both sides. After hearing both sides, the following things are clear : (i) Defendant no.1 executed an agreement dated 16th November, 2004 and agreed to sale the suit flat in favour of defendant no.4. Till today, no final document conferring ownership in respect of the suit flat is executed in favour of : 2 : defendant no.4. (ii) Plaintiff, defendant no.1, his wife and one daughter aged about 29 years are residing in the suit flat. Learned advocate for defendant no.1 upon instructions from defendant no.1 states that his one son aged about 28 years is presently out of India and in future, he may come and start residing in the suit flat along with defendant no.1. 2. Keeping in view the pleadings, I am of the view that if today the defendant no.1 is restrained from executing the Sale Deed or any document in favour of defendant no.4 so as to confer the ownership of the suit flat on defendant no.4, that would meet the ends of justice. Leared advocate Mr. Bhate upon instructions states that in near future, defendant no.1 wishes to execute a document with defendant no.4 so as to cancell the agreement of Sale dated 16th November, 2004 in regard to the suit flat. In view of the above, following order is passed to dispose of the notice of motion. ORDER (i) Till the disposal of the suit, defendant no.1 is hereby restrained from executing a document in favour of defendant no.4 so as to : 3 : confer ownership of the suit flat upon defendant no.4. Plaintiff, defendant no.1 and his wife and one daughter / son are permitted to reside in the suit flat. (ii) Statement made by learned advocate for defendant no.1 that he wishes to enter into the deed of cancellation with defendant no.4 with regard to agreement dated 16th November, 2004 is noted. As and when such deed will be executed, defendant no. 1 shall file true copy of the said document in the Court as well as supply one copy to the learned advocate for the plaintiff. There shall be no order as to costs. (iii) Learned advocate for defendant no.1 upon instructions states that w.e.f. 10th April, 2010 the plaintiff shall pay monthly outgoings of the Society. He further states that defendant no.1 shall pay the electricity bills. It is clarified that payment made by defendant no.1 shall not confer any more rights than what he is having today. Both motions disposed off in above terms with no order as to costs. ( R.Y.GANOO, J.)