1 nms3218.06.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3218 OF 2006 IN SUIT NO. 2655 OF 2006 Thomas Pereira & Anr. ....Plaintiffs. Vs. Mr. Paul Robert Pinto & Ors. ....Defendants. Mr. Ibrahim Merchant i/by M/s. K.V. Aiyar & Associates for the Plaintiffs. None for the Defendants. CORAM : ANOOP V. MOHTA, J. DATE : 9th FEBRUARY, 2011 P.C.: In a suit for partition, the Plaintiffs have taken out this Motion for interim relief/ protection. This Court, after considering the averments made and as the Defendants were absent, has granted ad- interim relief by order dated 10th October, 2006 in terms of prayer clauses (b) except bracketed portion, and (c). Till this date, the Defendants have not filed any reply to the Motion and/or apply for vacation of this order. 2 As per the office record, the suit is also transferred to the list of “un-defendanted suits”. In view of this, as the averments so made is 2 nms3218.06.sxw ssm remained uncontroverted and as the Plaintiffs have 1/3rd share in the property and as the case is made out, the Motion is allowed in terms of prayer clauses (b) and (c). Liberty is granted to the Plaintiffs to file appropriate application/ motion, if so advised, in so far as the prayer clause (a) - for appointment of receiver, is concerned. 3 The motion is accordingly allowed in terms of prayer clauses (b) and (c). No order as to costs. (ANOOP V. MOHTA, J.)