: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.4302 OF 2007 OF MOTION NO.4302 OF 2007 OF MOTION NO.4302 OF 2007 IN IN IN SUIT SUIT SUIT NO.3141 OF 2007 NO.3141 OF 2007 NO.3141 OF 2007 Noel D’Souza ...Plaintiff V/s. Frank Anthony D’Souza & Ors. ...Defendants Mr.Simil Purohit, Advocate, i/b. Wadia Gandhy & Co., for the Plaintiff. None for the Defendants. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 7TH AUGUST, 2008. : 7TH AUGUST, 2008. : 7TH AUGUST, 2008. P.C.: P.C.: P.C.: . Mr.Purohit appears for the Plaintiff. None appears for the Defendants. No reply has been filed by the Defendants. 2. At the ad-interim stage, certain statements of the learned Counsel for the Defendants were recorded. The statements at that stage assured the Plaintiff that no prejudice will be caused to him as far as the suit property is concerned. At that time the suit property was under construction and the Plaintiff was promised that he would be given accommodation whenever he would visit India. In : 2 : view of the Defendants’ silence and filing no reply, the Plaintiff’s apprehension that the Defendants would not abide by their assurance is quite eminent. 3. I am convinced that the Plaintiff makes out a prima-facie case for protecting his share in the property. Mr.S. Purohit does not want prayer (a) which sought appointment of Court Receiver. He said he would press prayer clauses (b) and (c). Prayer clause (b) is only an order of injunction preventing the Defendants from carrying out further construction and from creating third party rights. Prayer clause (c) is a direction to the Defendants to disclose the particulars of the suit property as well as the estate of the deceased parents and brothers which is not included in the suit claim. Both these prayers deserves to be granted. 4. The Motion is made absolute in terms of prayer clauses (b) and (c). 5. The learned Counsel for the Plaintiff shall inform the above order to the learned Counsel for the Defendants. : 3 : [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]