- 1 - 79.nm.s2518.11 s.2146.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2518 OF 2011 IN SUIT NO. 2146 OF 2011 Mahesh Keswani & Anr. ..Plaintiffs -Versus- Dharmesh Keswani & Anr. ..Defendants .......... Mr.Sanjay Jain a/w. Mr.I.J.Nankani i/b Nankani & Associates for the Plaintiffs. Mr.Rohan Kelkar i/b Kartikeya & Associates for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 29TH AUGUST 2011. P.C. By consent, the Notice of Motion is heard finally. 1 Plaintiff No.1 and Defendant No.1 are present in Court. The defendants have taken a reasonable and fair approach to this Notice of Motion. By consent, the Notice of Motion is disposed of by the following order : (i) Plaintiff No.1 shall be entitled to install the idol of Lord Ganesha in the suit flat between 31st August 2011 to 6th - 2 - 79.nm.s2518.11 s.2146.11 September 2011. Their guests and the guests of the defendants shall be entitled to visit the flat only for the purpose of the Ganesh Pooja and for the purpose of paying their respects to the idol. Only for this purpose and not for any purpose plaintiff no.1 and his wife shall alone shall be entitled to occupy the flat overnight between 31st August 2011 and 7th September 2011. No other person including the servants and agents of plaintiff no.1 and his wife shall be entitled to stay in the suit premises overnight. This order is also passed only for this purpose and for not other purpose whatsoever. This order is passed in view of the express undertaking on behalf of the plaintiffs that by virtue of this order they shall not claim any rights or equities of any nature whatsoever in the suit premises. The statement and undertaking are accepted. (ii) Plaintiff No.1 and his wife shall not cause any alternation or modification of any nature whatsoever in the suit premises. They shall also vacate the premises latest by 6.00 p.m. on 7th September 2011 after cleaning it. No application for extension thereof shall be granted or even sought. (iii) The kitchen and one bedroom at the plaintiff’s choice shall be used for the purpose of residing overnight. (iv) For the purpose of installation of the idol and for pooja, the living room shall be used. No other part of the flat shall be used for any purpose whatsoever. - 3 - 79.nm.s2518.11 s.2146.11 (v) The plaintiffs shall also not bring any equipment into the suit flat without informing the Court Receiver and the defendants’ advocate in writing. The Notice of Motion is accordingly disposed of. -