1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3467 OF 2006 IN SUIT NO.2879 OF 2006 Anwar Pasha & Ors. ... Plaintiffs V/s. Shamsuddin Naikawadi ....Defendant ---- Mr.Nandu Pawar for the plaintiffs. Ms.Ujwala Sawant for the Defendant. ---- CORAM : R.S.MOHITE, J DATE : 19th JUNE, 2009. P.C. 1. In this Notice of Motion on 7th October 2006 Advocate R.V. Govilkar for the defendant on taking instructions from the defendant who was present in the Court, undertook that his client will not sell, dispose of, alienate, encumber and/or create any third party rights in respect of the suit property, without the leave of this Court. Advocate appearing on behalf of the defendant, Ms.Ujwala Sawant states that she has been instructed by the defendant to make the same statement pending the final hearing and disposal of the suit. In addition, the defendant gives an undertaking that he will not let out the premises to the tenant or to any person on leave and license without a leave of this Court. All the 2 undertakings given by the defendants are accepted. Advocate for the plaintiff states that in view of the acceptance of the undertaking, it will not be necessary to press the Notice of Motion. The undertakings given shall be operative pending the suit. Notice of Motion disposed of in view of the undertakings given. ( R.S.MOHITE, J. )