1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.734 OF 2009 IN SUIT NO.440 OF 2009 Kumar Pariyani .. Plaintiff Vs. Dayal Hiranand Pariyani and Anr. .. Defendants Mr.Karl Shroff, Mr.Abhishek Sawant i/b M/s.Apex Consillis for the plaintiff None for the defendants CORAM : S.C.Dharmadhikari, J. DATE : September 29, 2010 P.C. : 1. Heard Mr.Sawant appearing on behalf of the plaintiff. Perused the plaint and the annexures thereof. 2. There is an ad interim order dt.25.3.09. However, the defendant no.1 and the advocate is absent today. There is no proof of the motion being served on the other defendants. In these circumstances, the only relief that can be granted is that the defendant no.1 shall not create third party rights or part with possession of the suit flat till the hearing and final disposal of the suit. 2 3. Motion is made absolute in these terms. Liberty to apply for other reliefs after the service of writ of summons is complete. ( S.C.Dharmadhikari, J. )