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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NOS.89 and 991 OF 2007 MOTION NOS.89 and 991 OF 2007 MOTION NOS.89 and 991 OF 2007 IN IN IN SUIT SUIT SUIT NO.(L) NO.(L) NO.(L) 3737 OF 2006 3737 OF 2006 3737 OF 2006 Chhaya Chhaya Chhaya S.Mittar S.Mittar S.Mittar ...... Plaintiff Plaintiff Plaintiff vs vs vs Kundalik Kundalik Kundalik Kisan Kamble & ors.. Kisan Kamble & ors.. Kisan Kamble & ors.. Defendants Defendants Defendants Mr.J.J.Shah Mr.J.J.Shah Mr.J.J.Shah for Plaintiff for Plaintiff for Plaintiff Mr.Yogesh Mr.Yogesh Mr.Yogesh Deshpande for Defendant No.1 Deshpande for Defendant No.1 Deshpande for Defendant No.1 CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATE DATE DATE : 28th March, 2007 : 28th March, 2007 : 28th March, 2007 P.C. P.C. P.C. 1.1.1. None appears for the other defendants though None appears for the other defendants though None appears for the other defendants though served. served. served. The plaintiff and defendant no.1 submits The plaintiff and defendant no.1 submits The plaintiff and defendant no.1 submits that that that the order of status quo granted by this court the order of status quo granted by this court the order of status quo granted by this court be be be continued till disposal of the notice of Motion. continued till disposal of the notice of Motion. continued till disposal of the notice of Motion. There There There is no difficulty in accepting this is no difficulty in accepting this is no difficulty in accepting this arrangement arrangement arrangement to be observed by the parties till the to be observed by the parties till the to be observed by the parties till the disposal disposal disposal of the Notice of Motion. However, it is of the Notice of Motion. However, it is of the Notice of Motion. However, it is made made made clear that this order of status quo will not clear that this order of status quo will not clear that this order of status quo will not preclude preclude preclude Bank of Maharashtra who has been added as Bank of Maharashtra who has been added as Bank of Maharashtra who has been added as defendant defendant defendant no. 8 to proceed in respect of the suit no. 8 to proceed in respect of the suit no. 8 to proceed in respect of the suit property property property in accordance with law. Needless to in accordance with law. Needless to in accordance with law. Needless to observe observe observe that as the plaintiff is asserting right that as the plaintiff is asserting right that as the plaintiff is asserting right inin in respect of the disputed property, the defendant respect of the disputed property, the defendant respect of the disputed property, the defendant no. no. no. 8 Bank of Maharashtra before proceeding with 8 Bank of Maharashtra before proceeding with 8 Bank of Maharashtra before proceeding with the the the matter shall inform the plaintiff about its matter shall inform the plaintiff about its matter shall inform the plaintiff about its proposed proposed proposed action if any. action if any. action if any. 2 2.2.2. Notice of Motion be placed for hearing as per Notice of Motion be placed for hearing as per Notice of Motion be placed for hearing as per its its its turn under appropriate caption. Accordingly, turn under appropriate caption. Accordingly, turn under appropriate caption. Accordingly, status status status quo quo quo with regard to the suit property ordered with regard to the suit property ordered with regard to the suit property ordered by by by this Court to continue till further orders in this Court to continue till further orders in this Court to continue till further orders in above above above terms. terms. terms. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)