: 1 : nms-414-10-c=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.414 OF 2010 IN SUIT NO. 1561 OF 2006 Bimladevi Omprakash Aggarwal .. Plaintiff v/s. Atam Prakash Aggarwal & Ors. .. Defendants ......... Mr. R.L. Tolat i/by M/s. L.C. Tolat & Co. for the plaintiff in support of NMS and applicant in CHS. Mr. S.U. Kamdar, Sr. Counsel with Ms. Pooja Patil i/b Munir Merchant for for defendants ......... CORAM : R.Y.GANOO, J. DATE : 1st DECEMBER, 2010 P.C. : 1. Heard learned Counsel on both sides. By prayer clause (a), plaintiff wants that defendants should pay to plaintiff monthly Rs. 1,00,000/- for use of the suit flat during the pendency of the suit. In the suit, there is no prayer for mesne profit and that is why relief in terms of prayer clause (a) cannot be granted. 2. In so far as prayer clause (b) is concerned, same can be granted as it relates to early hearing of the suit as the plaintiff is a senior citizen. Said relief can be granted. : 2 : nms-414-10-c=.sxw 3. So far as prayer clause (c) is concerned, looking to the rival contentions, it was suggested to learned Counsel for the defendants that in fairness, he should inform to the plaintiff if at all they desire to create third party rights. Learned Senior Counsel Mr. Kamdar on behalf of the defendants upon instructions states that in future if defendants intends to create third party right and / or part with possession in regard to the suit flat, defendants shall give 4 weeks notice to the plaintiff. The above arrangement, in my view, would meet the ends of justice. Hence, following order is passed to dispose of the notice of motion. ORDER (i) Notice of Motion is dismissed so far as prayer clause (a) is concerned. (ii) Notice of Motion is made absolute so far as prayer clause (b) is concerned. Suit is set down for framing issue on 17th January, 2011. (iii) So far as prayer clause (c) is concerned, statement is made by learned Counsel on behalf of the defendants that if any of the defendants want to create third party right and / or part with : 3 : nms-414-10-c=.sxw possession in regard to the suit flat, he shall give 4 weeks notice to the plaintiff is accepted. If such a notice is received by the plaintiff, plaintiff is free to adopt appropriate proceedings to protect her interest. (iv)Notice of Motion stands disposed of in the above terms with no order as to costs. Suit to appear for framing of issues on 17th January, 2011. (R.Y.GANOO, J.)