-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2142 OF 2009 IN SUIT NO. 3259 OF 2004 Krishna S. Kalap. ..Plaintiff. Versus D. K. Samant & Ors. ..Defendants. Mr. L. H. Patil for the plaintiff. Ms. P. L. Jain i/b M/s. Divekar and Co., for the defendant no.1. Mr. Tushar Dahibawkar for the defendant no.3. Mr. Harish Pawar for the defendant no.4. Coram : R. V. MORE, J. Date : January 25, 2010. P. C. : 1. This notice of motion is taken out by the plaintiff for following reliefs : “(a) The defendant no.4 be ordered and restrained by an order of injunction not to obstruct use and occupy the suit premises now numbered as Block No. 409 in Viraj Apartments, Jari Mandir Marg, Bandra (west), in any manner to me – the petitioner in the notice of motion.” 2. After hearing the learned counsel for the respective parties for sometime, the learned counsel for the defendant no.4, after taking instructions from the defendant no.4 who is present in the Court, makes a statement that the defendant no.4 will not alienate or create their party -: 2 :- interest in the aforesaid premises during the pendency of the Suit No. 3259 of 2004. In view of the above statement, learned counsel for the plaintiff states that the plaintiff’s rights are sufficiently protected and seeks leave to withdraw the notice of motion. In the light of above, notice of motion is disposed of by following order. : O R D E R : (i) Notice of motion is disposed of as withdrawn. (ii) Statement of the defendant no.4 is accepted. (iii) Since the plaintiff is 79 years of age, Office is directed to transfer the above suit to the category of ‘expedited suits’. (R.V. MORE, J.)