1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.598 OF 2009 IN SUIT NO.1820 OF 1999 Jasbir Kaur S. Noori & Ors. ....Plaintiffs V/s. Pyarasingh D. Noori & Ors. ....Defendants Ms.Gunjan Shah i/b Mr.S.A. Sawant for the Plaintiffs. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 17TH DECEMBER, 2009. P.C. :- 1. Defendant Nos.1 and 2 were directed by an order dated 22.4.1999 to pay a sum of Rs.4000/- each to the Plaintiffs and Defendant Nos.7 and 8. Defendant No.2 committed default leading to the sale of the business of Defendant No.2. The sale proceeds have been adjusted towards the amounts due to the Plaintiffs and Defendant Nos.7 and 8. 2. The present Notice of Motion seeks various reliefs against Defendant No.1. Defendant No.1 has been paying the amounts as per the said order dated 22.4.1999, although it is alleged that the payments are delayed by two or three months. 3. The Plaintiffs also seek an order restraining Defendant No.1 from selling a flat on the apprehension that if the same is sold, there would 2 be no security for payment of the amounts mentioned in the order dated 22.4.1999. Paragraph 16 of the affidavit in support states that Defendant No.1 is in process of selling the said flat. 4. There is no affidavit in reply. In the circumstances, the Plaintiffs are entitled to some protection although not in the manner sought in the Notice of Motion. 5. The Notice of Motion is therefore disposed of by directing Defendant No.1 not to sell the said flat referred to in prayer (d) of the Notice of Motion without the leave of the Court.