1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2492 OF 2007 IN SUIT NO. 1842 OF 2007 Vijay Ambalal Vyas alis Valsoria ...Plaintiff. Vs. Pannalal Ambalal Vyas alias Valsoria & Anr. ....Defendants. ---- Mr. Sakhare, Sr.Counsel a/w Mr. Girin N. Pandit, for the Plaintiff. Mr. A.M. Vernekar, for the Defendants. ---- CORAM: S.J. VAZIFDAR, J. DATED : 8TH SEPTEMBER 2009 P.C. 1. The suit in a sense seeks administration of the will of the deceased father of the plaintiff and defendant nos.1 and 2 dated 03.12.1986. Defendant no.3 is the mother of the other parties. 2. Prima facie, it appears that the suit property belonged to the said deceased although it was acquired in the name of defendant no.3 his wife. 3. The parties have been in possession of various portions of the suit property which comprises of ground and upper floors as well as terrace and a room constructed thereon. The suit property also comprises open area surrounding the structure with covered sheds. It is common ground that there is no partition of the property as yet. In fact, it appears that the 2 property cannot be partitioned during the lifetime of defendant no.3. That, however, will be decided at the time of final hearing of the suit. 4. As stated above, the parties have been in possession of various portions of the suit property. Pending the hearing and final disposal of the suit it is necessary to protect the rights of the parties who admittedly have a share therein. 5. Mr. Vernekar, for the defendants raised a grievance that the Plaintiff had been writing to various companies of which defendant nos.1 and 2 are the aurhorised dealers which adversely affects their business. Mr. Sakhare, for the plaintiff on the other hand submitted that this was because the constitution of the firm in which such business was being carried out was not clarified. 6. It is neither necessary nor desirable that any of the parties hamper or hinder the business of the other parties. At the same time, it is necessary to ensure that none of the parties affect the rights of the others, inter alia, by creating any right of any nature whatsoever in favour of any third party in the suit property. 7. In the circumstances, the Notice of Motion is disposed by the following order:- i) Pending the hearing and final disposal of the suit all parties including the plaintiff will maintain the status-quo in respect of the suit property in all respects. It is clarified that pending the hearing and 3 final disposal of the suit none of the parties will alienate, encumber, dispose of, part with possession of or create any third party right, title and/or interest in, to, upon or in respect of the suit property or any part thereof. It is clarified that the parties shall not make any changes or alterations in any portion of the suit property of permanent nature and shall only be entitled to carry on renovation and repairs therein; ii) Parties will be entitled to put up boards on the portion of the premises in their occupation indicating their business. It is agreed between the parties that each of them will be entitled to carry on any business in the portion of the suit property in their occupation without creating any interest whatsoever in the property in favour of any third party including by way of partnership or license. 8. The Notice of Motion is accordingly disposed.