1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3400 OF NOTICE OF MOTION NO.3400 OF NOTICE OF MOTION NO.3400 OF 2002 2002 2002 IN IN IN SUIT NO.3419 OF SUIT NO.3419 OF SUIT NO.3419 OF 2002 2002 2002 Pinkrose Coop Hsg.Scty Ltd .. Plaintiff versus 1.Afroz Ali Sadat & ors .. Defendants ... Mr.H.S.S.Murthy for Plaintiff. Mr. Prakash Ganwani i/b Solomon & Co for Defendants CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 20th January 2005. DATED : 20th January 2005. DATED : 20th January 2005. P.C:- P.C:- P.C:- 1. Heard learned counsel for the parties. This motion is taken out in a suit for recovery of money allegedly due from the defendants. By prayer (a) the plaintiff wants a direction to the defendants to deposit the money. This would virtually amount to decreeing of a suit before trial and therefore the 2 prayer cannot be granted. As regards prayer clause (c) any person having right in a property is entitled to transfer the same under section 6 of the Transfer of Property Act. In the circumstances, no relief restraining the defendants from alienating their rights can also be granted. Hence, motion is dismissed. D.G.KARNIK, J D.G.KARNIK, J D.G.KARNIK, J