WP. 2801-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION No. 2801 OF 2011 Usman Gani Shaikh s/o Haji A. Karim ...Petitioner Vs. Gulam Mohiddin Haji Karim & Ors. ...Respondents Mr. Abdul Rab, for the Petitioner. Mr. D. S. Sawant i/b Rajesh B. Parab, for the Respondent No.1. CORAM: V. M. KANADE J. DATE : APRIL 11, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the petitioner and the respondent No.1. The plaintiff has filed a suit for declaration that he is a joint tenant of the suit premises. In the said Suit, it is petitioner/plaintiff’s case that his father was tenant of the said suit premises and after demise of the father, he along with respondent No.1 who is brother became co-tenant in the said premises. 2. On the other hand, it is contention of defendant/respondent herein that for a period of 30 years, defendant No.1 was in possession and occupation of the suit premises and after the death of his mother, the tenancy has been transferred in his name by the landlord. Further, it is WP. 2801-11 - 2 - case of the defendant that affidavits have been filed by the plaintiff in which he has stated that he has no objection if the tenancy is transferred in the name of defendant No.1. The application for injunction was dismissed by the trial Court and the said order has been confirmed in the appeal. The counsel for the petitioner/plaintiff submits that if the application for injunction is not granted, the entire suit will become infructuous. On the other hand, the learned counsel for the respondent/original defendant No.1 has pointed out various documents on which reliance is placed by the lower courts. It is submitted that therefore, this Court should not interfere with the order passed by both the Courts below. In my view, at this stage, the plaintiff is entitled for an interim protection only to the extent of directing the defendant No.1 to maintain status-quo in respect of possession and for a further direction that he should not create third party rights during pendency of the suit. The order passed by both the Courts below is modified only to the extent that respondent No.1 shall maintain status-quo in respect of possession over the suit premises and that he shall not create any third party right, without seeking leave of the Court. Hearing of the Suit is expedited. . Writ Petition is disposed of in the aforesaid terms. [ V. M. KANADE J.]