*1* 203-nms-730-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srj NOTICE OF MOTION NO.730 OF 2009 IN SUIT NO.434 OF 2009 Prakash U. Dalal .. Plaintiff V/s. Geeta K. Sheth & Others .. Defendants Mr. Simil Purohit with Ms. Azmin Irani i/b. Vimadalal & Co., for Plaintiff. Mr. P.S.Gidwani, for Defendant No.2. CORAM : S.C.DHARMADHIKARI, J. DATE : 7th December, 2010. P.C. 1 Affidavit of Defendant No.2 is taken on record. 2 Heard Mr. Purohit, Advocate appearing on behalf of the Plaintiff and Mr. P.S.Gidwani, Advocate appearing on behalf of Defendant No.2 who is contesting Defendants. 3 Mr. Gidwani, Advocate appearing for the Defendant No.2, on instructions makes a statement that Defendant No.2 will not dispose of or transfer, so also, create third party rights of any nature in respect of the suit flat mentioned at Ex.”A” to the plaint, till the suit is heard and *2* 203-nms-730-09 dispose of. Statement made by Advocate for Defendant No.2 is accepted as an undertaking to this Court. Defendant No.2 is present in Court and in her presence, this undertaking is accepted. 4 Mr. Purohit states that this order can be made with liberty to the Plaintiff to apply for appropriate modification or further directions so as to enable him to stay at the suit flat whenever he visits India. 5 Needless to mention that the liberty is always with the Plaintiff as this is an interim order and the suit pending. 6 In the light of the undertaking given to the Court, there is no need to pass any subsequent order in terms of prayer of the Notice of Motion. 7 Undertaking given is recorded and accepted and to continue till the hearing and final disposal of the suit. 8 Notice of Motion to come up in due course. (S.C. Dharmadhikari, J)