1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2915 OF 2007 IN SUIT NO.2172 OF 2007 Noorjahan S. Dawood ....Plaintiff V/s. Abdul Samad Haji Adam Kantharia & Anr. ....Defendants Ms.Mamta Sodh i/b M/s.Banatwala & Co. for the Plaintiff. Mr.Shreevardhan Deshpande i/b M/s.Negandas Shah & Himaytullah for Defendant No.1.s CORAM : S.J. VAZIFDAR, J. DATE : 9TH OCTOBER, 2009. P.C. :- 1. The suit is filed in effect to enforce clause 17 of the consent terms entered into between the parties in Notice of Motion No.1992 of 2004 in Suit No.3405 of 2003. The Plaintiff herein was Defendant No.4 in the said suit. The Defendants herein were the other Defendants in the said suit. Under clause 17, the parties had a right of premption in respect of the share of the property coming to the others. 2. Prima-facie it appears that Defendant No.1 purported to transfer his share in the property without offering to the other Defendants the right of preference under clause 17. There is no affidavit in reply. 3. In the circumstances, the Notice of Motion is made absolute in terms of prayer (d) except the words bracketed in red namely “dealing with” 2 It is clarified however that in the event of the transaction between Defendant Nos.1 and 2 being cancelled, Defendant No.1 shall be entitled to deal with his share of the property but after following the procedure under clause 17 of the consent terms.