-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2950 OF 2007 IN SUIT NO. 2167 OF 2007 Jayshree Vinayak Bhabal : Plaintiff v/s Chandraprabha K. Koyande and ors.: Defendants Mr. Suresh More for plaintiff Mr. D.R. Dhurat for defendant no.1 Coram : S.J. Kathawalla, J. Date : 6.10.2008 P.C. . The above suit is filed by the plaintiff seeking partition of suit premises namely flat admeasuring 180 sq.ft.on the second floor in the building known as Sankalp Niketan Co.op. Hsg. Scy. Ltd., situate at Sutar Galli, Mazgaon, Mumbai 400 010 and on such partition to be awarded 1/3 share. In the Notice of Motion the plaintiff seeks injunction restraining defendant no.1 from disposing of, alienating, encumbering, creating third party rights or parting with possession of the suit premises and has also sought appointment of court receiver in respect of suit premises. . By an order dt. 26.11.2007 this court at the ad-interim stage (coram :D.Y. Chandrachud, J.) accepted the statement made by defendant no.1 in -2- paragraph 5 of her affidavit dt. 20.11.2007,to the effect that she will not deal with dispose of, alienate, encumber, create third party rights or part with possession of the suit premises. . Today after arguing the Notice of Motion for some time the plaintiff and defendant no.1 through their Advocates have agreed that the notice of motion be disposed of in terms of prayer clause (b) except the bracketed portion (dealing with). In view thereof notice of motion is disposed of in terms of prayer clause (b) except the bracketed portion (dealing with). . No order as to costs. (S.J. Kathawalla,J.)