1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3687 OF 2009 IN SUIT NO.2272 OF 2009 Haresh Damodar Parmar .. Plaintiff Versus Pramod M. Ranpura & Ors. .. Defendants Mr.Jaideep Raut i/b. Dipen Furia for plaintiff Dr.Birendra Saraf i/b. Dr.Santosh Raje for defendant No.1 Mr.Kiran Jain i/b. Kiran Jain & Co. for defendant No.5. CORAM : S.C.DHARMADHIKARI, J. DATE : December 1, 2009. P.C.: 1] Mr.Jain appears on behalf of defendant No.5 who is recently added as party defendant. Inviting my attention to the affidavit in reply to the notice of motion, Mr.Jain submits that presently defendant No.5 is in possession of the premises and carrying on business therefrom. On instructions, Mr.Jain makes a statement that in case defendant No.5 desires to dispose of or transfer the suit premises, he will give a notice to the plaintiff’s Advocate of 15 days, within which period plaintiffs should adopt appropriate proceedings or else, defendant No.5 will alienate the 2 property. 2] In my view, considering these statements of Mr.Jain which are accepted as undertaking to the Court, plaintiffs are sufficiently protected. Without prejudice to the rights and contentions of both sides, it is, therefore, directed that defendant No.5 shall give 15 days prior notice to plaintiffs’ Advocate in case he desires to alienate, transfer or dispose of the suit premises. No other orders on the notice of motion are necessary and it is accordingly disposed of. (S.C. Dharmadhikari, J) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3172 OF 2009 IN SUIT NO.2272 OF 2009 Haresh Damodar Parmar .. Plaintiff Versus Pramod M. Ranpura & Ors. .. Defendants Mr.Jaideep Raut i/b. Dipen Furia for plaintiff Dr.Birendra Saraf i/b. Dr.Santosh Raje for defendant No.1 Mr.Kiran Jain i/b. Kiran Jain & Co. for defendant No.5. CORAM : S.C.DHARMADHIKARI, J. DATE : December 1, 2009. P.C.:- 1] This notice of motion is taken on board by consent of parties. Plaintiffs’ Advocate states that he has received instructions to withdraw this motion. It is accordingly allowed to be withdrawn and dismissed as such. (S.C.DHARMADHIKARI, J)