1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.131 OF 2009 IN SUIT NO.3467 OF 2008 Gulab Sobhraj Mirchandani Plaintiff versus Sonali Deepak Makhijani Defendant Mr.Santosh Kumar Mishra and K.G.Singhania i/by Singhania & Co. for plaintiff. Mr.Vatsal Shah i/by Naik, Paranjape & Co. for defendant. Mr.Gulab Sobhraj Mirchandani, plaintiff present. Ms.Sonali Deepak Makhijani and Mr.Deepak Makhijani, defendant and her husband present. CORAM : S.J.KATHAWALLA, J. DATE : 10th February 2011 PC : 1. Following order is passed by consent of the parties :- a) The plaintiff and the defendant shall maintain status-quo qua the suit flat as of today and shall not sell, dispose of, transfer, alienate, encumber, part with possession and/or create any third party rights in respect of the suit flat; b) The plaintiff has informed the Court that he is in exclusive occupation of the suit flat and that no other person is residing with him; c) If any person enters the suit flat as a guest of the plaintiff and/or as a care taker (since the plaintiff is 86 years old), such person shall not be allowed to claim any rights in relation to the suit flat; 2 d) If any person/s resides with the plaintiff as a care taker for a period of more than 30 days, the plaintiff along with the said care taker shall approach this Court and seek permission of this Court to continue to stay as care taker, which permission the Court shall grant only if the said care taker gives an undertaking to the Court by way of an affidavit that the care taker shall not claim any rights of any nature whatsoever in relation to the suit flat; e) Pending the hearing and final disposal of the suit, the defendant and her family members shall not enter the suit premises and/or in any manner disturb the possession of the plaintiff qua the suit flat; f) The defendant shall continue to pay the maintenance and other charges of the flat until further orders; g) No notice shall be affixed on the doors of the suit flat and/or the walls of the building in which the suit flat is situated by either party giving any instructions/warnings qua the suit flat; (h) All rights and contentions of the parties are kept open; 2. Since the dispute is very unfortunate and pertains to the father who is plaintiff and the daughter who is the defendant, the hearing of the suit is expedited. The written statement, if any, to be filed on or before 10th March 2011. 3. Place the suit for framing of issues on 14th March 2011. High on board. 4. The Notice of Motion is disposed of accordingly. (S.J.KATHAWALLA, J.)