ASN 1 Appeal-693.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.693 OF 2011 IN NOTICE OF MOTION NO.2324 OF 2011 IN SUIT NO.1920 OF 2011 Errol Gomes and ors. ...Appellants. Vs. Anthony Gomes and ors. ...Respondents. Mr. Snehal Shah, Ms. Deepti Pande i/by Narayanan and Narayanan for the Appellants. Dr. Birendra Saraf with Ms. Jyoti Ghag and Mr. Z.H. Jariwala i/by M/s.Thakore Jariwala Associates for the Respondents. CORAM : MOHIT S. SHAH, C. J. AND SMT. ROSHAN DALVI, J. DATE : 23 NOVEMBER 2011 PC: This appeal is directed against the order dated 8 September 2011 dismissing the Notice of motion taken out by the appellants plaintiffs subject to certain clarification. 2 Having heard the learned counsel for the parties, we dispose of this appeal in terms of the following directions. a) The impugned order dated 8 September 2011 can be treated as ad interim order passed by the learned Single Judge of this Court without considering the rights and contentions of the parties to be decided at the stage of final hearing of the notice of motion. ASN 2 Appeal-693.sxw b) In case, defendant Nos. 1 to 3 renew the lease of the premises of the ground floor in favour of the existing tenant against whom the decree of eviction was passed, defendant Nos. 1 to 3 shall maintain the accounts and file quarterly statement before the Trial Court. c) On behalf of the defendants 1 to 3, the learned counsel stated that they shall not dispossess the plaintiffs till the final hearing of notice of motion. d) Flat No.1 which was in occupation of the deceased at the time of his death is presently in occupation of defendant Nos. 1 to 3 and defendant Nos. 1 to 3 shall not create any third party interest in the said premises nor part with possession thereof till the final hearing of notice of motion., 3 It is clarified that the learned Single Judge of this Court shall decide the Notice of Motion No.2324 of 2011 without being influenced by the observations made in the order dated 8 September 2011. CHIEF JUSTICE ( SMT. ROSHAN DALVI, J. )