1 nms-3191-s-2231-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO.3191 of 2009 WITH SUIT NO. 2231 OF 2009. Ramchandra Pandurang Gawankar. ..Plaintiff. vs. Arvind Ramchandra Gawankar & Ors. ..Defendants. .... Mr. Mayur Khandeparkar, a/w. Ms. Sapna Raichure, i/b. T.N. Tripathi & Co., for Plaintiff. Mr. V.A. Gangal, a/w. Vindu Pandey, for Defendant No.1. Mr. Rajiv Mane, AGP, for Defendant No.2. .... CORAM : S.J. KATHAWALLA, J. DATE : 13TH JANUARY 2011. P.C. The Notice of Motion is taken up for final hearing. So far as the Affidavit-in-Rejoinder filed by the Plaintiff is concerned, the Defendant No.3 proceeds on the basis of denials. 2. The Defendant No.3 pending the hearing and final disposal of the Suit, is restrained by an order and injunction from disposing of, encumbering, alienating and/or creating third party rights in respect of the Suit property. The Court is informed that the Defendant No.3 has handed over the Suit property to the Developer for re-development and the Defendant No.3 shall receive a newly constructed flat admeasuring 500 sq.ft. within a period of 15 months. It is therefore clarified that the injunction granted herein against the Defendant No.3 shall continue even after the Defendant No.3 receives possession of the new flat from the Developer. 2 nms-3191-s-2231-09 3. Parties have agreed that this Court need not give reasons for passing this order. The Notice of Motion is disposed of. Place the Suit for framing of issues on 18th January 2011 at 2.30 p.m. in chamber. [ S.J. KATHAWALLA, J. ]