ASN 1 Appeal-249.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODG. NO. 249 OF 2011 IN NOTICE OF MOTION NO. OF 2011 IN SUIT NO.855 OF 2011 WITH DRAFT NOTICE OF MOTION NO. OF 2011 Abdul Haque Razak Ansari. ..Appellant. Vs. Smt. Hajra Abdul Razak Ansari and ors. ..Respondents. Mr. Kantharia along with Manoj Shukla i/by D.K.Mishra for the Appellant. Mr. M.L.Palan i/by J.P.Thakkar, Advocate for Respondent Nos.5,6 & 9. CORAM : MOHIT S. SHAH, C. J. AND D. G. KARNIK, J. Wednesday, 20 th April, 2011 PC : With the consent of the parties, appeal is taken up for final disposal. 2 Having regard to the fact that the Notice of Motion in Suit Lodging No.721 of 2011 was adjourned to 9.6.2011, we dispose of this appeal with the directions that the appellant-plaintiff as well as respondents-defendants shall maintain Status quo till the disposal of the motion before the trial Court regarding the suit properties which are ASN 2 Appeal-249.sxw referred to in prayer clause (d) of the Notice of Motion in the suit which reads as under:- “Pending the hearing and final disposal of the sut, the Defendants, their servants, agents, person or persons be restrained by an order and injunction of this Hon’ble Court from creating any third party interest by alienating, transferring of the suit property viz. Commercial Premises being Gala No. 109, Jawwhar Co-operative Industrial Estate Ltd., Kamothe, Panvel, New Mumbai 410 206 admeasuring 8000sq.ft. Thereabout bearing Survey No.373 and situate at Village Kamothe, Village Panchayat Area, Taluka Panvel, District Raigad or any part or portion thereof and/or parting with the possession and/or in any manner whatsoever” 3. It is clarified that we have not gone into the merits of and the controversy which is the subject matter of the suit and all the contentions are kept open. 4. Draft Notice of motion is also disposed of. CHIEF JUSTICE D.G. KARNIK, J.