: 1 : nms-477-11=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 477 OF 2011 IN SUIT NO. 332 OF 2011 Chetan Haridas Parekh & Anr. .. Plaintiffs v/s. Navnit Haridas Parekh & Ors. .. Defendants ......... Mr. R.A. Shah with Rashmi Sawant i/b Mansukhlal Harilal & Co. for the plaintiff Mr. Anil Chauhan i/b N.N. Vaishnawa & Co. for defendant nos. 1 and 2. ......... CORAM : R.Y.GANOO, J. DATE : 29th APRIL, 2011 P.C. : 1. None for defendant nos. 3 and 4. Learned Counsel appearing on behalf of defendant nos. 1 and 2 stated that he has no objection if ad- interim order granted on 18th January, 2011 as regards prayer clause (a) (ii) except the words “dealing with” is continued. Learned Counsel appearing on behalf of the plaintiff submitted that as of today he is not pressing for reliefs in terms of prayer clause (a)(i) and a(iii). 2. In view of the statement made by learned Counsel for defendant : 2 : nms-477-11=.sxw nos. 1 and 2 as well as statement made by learned Counsel for the plaintiff, following order is passed to dispose of the notice of motion. ORDER (i) Notice of Motion stands disposed of with no orders as to costs so far as prayer clause (a)(i) and (a)(iii) as not pressed. There shall be no order as to costs. (ii) Motion is made absolute in terms of prayer clause (a)(ii) except the bracketed portion i.e. “dealing with”. The text of prayer clause (a)(ii) is as under. “(a)(ii) the defendant nos. 1 and 2, their servants and agents be restrained by an order of this Hon’ble Court from (dealing with) and / or disposing of the suit flat or any part thereof or creating any third party rights therein by sale, agreement for sale, mortgage or charge or lease or leave and license or inducting any person or persons therein.” (iii) There shall be no order as to costs. (R.Y.GANOO, J.)