:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 2567 OF 2008 OF MOTION NO. 2567 OF 2008 OF MOTION NO. 2567 OF 2008 IN IN IN SUIT SUIT SUIT NO. 3745 OF NO. 3745 OF NO. 3745 OF 2003 2003 2003 Parsuram Govind Chougule. ... Plaintiff. V/s. Ramesh Kedari Chougule & Anr. ... Defendants. Mr. D. Mishra for the Plaintiff. Mr. V.S. Kapse for Defendant No.1. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 13TH 13TH 13TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . The Suit is filed for possession. 2. The Plaintiff claims to be a tenant in respect of the suit premises. The First Defendant is in possession of the premises and Second Defendant is the landlord. 3. The Plaintiff relies on an agreement inasmuch as the premises were handed over under a partition which was allegedly arrived at on 30th June 1992. In terms of this partition, the First Defendant was to take the suit premises and pay Rs.25,000/- to the father of Plaintiff No.1. 4. Thereafter, it is contended that Defendant No.1 :2: approached the Plaintiff and requested them that he should be allowed to stay in the premises. He had come to Bombay and had secured a job. Since he was a close relation he was allowed to stay in the suit premises and that is how the aforesaid agreement was arrived at. The Plaintiff states that the First Defendant is aware of this arrangement and the partition. The First Plaintiff is the Government servant. 5. Thereafter, the First Defendant has not abided by the agreement and therefore, the suit is filed for declaration and possession. 6. The Suit is defended by the First Defendant and he has filed a Written Statement. In the Written Statement the First Defendant has pleaded that he has filed a Suit in the City Civil Court for injunction which is pending. He pleads that he is residing in the premises alongwith his mother and family. He is paying the rent and the electricity bills, etc. It is stated that the partition deed was indeed executed and the premises were to be given to his mother. The Plaintiff was given another room as per the partition. Even agricultural lands were partitioned. The First Defendant pleads that the Plaintiff has agreed to have suit premises transferred in the name of the First Defendant exclusively and that is how he is in possession thereof. He alleges that the Plaintiff made an attempt to dis-possess him illegally and :3: therefore, the Suit had to be filed. 7. This Notice of Motion prays for interlocutory relief so as to protect the subject matter of the suit. 8. After perusing the plaint and the annexures thereof so also Written Statement, I am of the opinion that in the interest of justice so also to preserve the subject matter of the suit an injunction in terms of prayer clause (a) of the Notice of Motion needs to be granted. 9. The Plaintiff has made out a prima-facie case and balance of convenience is also in his favour. Until and unless this Suit is heard and disposed off, it would not be fair, just and proper to permit the First Defendant to dispose off the premises or to induct anybody therein. 10. In the result, the Notice of Motion is made absolute in terms of prayer clause (a). There will be no order as to costs. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)