1 APP.650.2011-NM.2564.2011-S. 2134.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION APPEAL NO. 650 OD 2011 IN NOTICE OF MOTION NO.2564 OF 2011 IN SUIT NO.2134 OF 2011 Melanie Joan Carmel Pinto ...Appellant Vs. Melville Lucian Aranha ...Respondent Mr. O.A. Menezes for Appellant Ms. Rekha Shukla for Respondent CORAM : MOHIT S. SHAH, C.J. AND MRS. ROSHAN DALVI, J. Date : 21 October 2011. P.C. 1. The appeal is directed against the order dated 12 September 2011 of the learned trial Judge declining to grant ad-interim relief in Notice of Motion taken out by the Appellant who is the sister of the Respondent/Defendant. The Appellant/Plaintiff has 25% share in the suit flat in which the Respondent/Defendant has 75% share. The Plaintiff’s prayer for interim/ad-interim relief of restraining Respondent/Defendant from disposing off the suit flat was not granted by the learned trial Judge. 2. The learned Counsel for the Respondent/Defendant states that the Respondent/Defendant will not sell the suit flat till further orders. 2 APP.650.2011-NM.2564.2011-S. 2134.2011.sxw 3. In view of the above statement, we dispose of Notice of Motion No.2564 of 2011 in terms of the injunction restraining the Respondent/Defendant from disposing of the suit flat till final disposal of the Suit No.2134 of 2011. The prayer for appointment of Court Receiver is rejected. 4. The Appellant’s/Plaintiff’s prayer for preliminary decree will be considered at the time of the hearing of the suit. 5. It be open to the parties to obtain offers for purchase of the suit flat and the parties will jointly decide as to whom and at what price the suit flat is to be sold. CHIEF JUSTICE ROSHAN DALVI, J.