: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.429 OF 2009 IN SUIT NO.51 OF 2009 Babubhai Nathalal Mistry .. Plaintiff V/s. Deepak Hiralal Joshi .. Defendant ..... Mr. J.G. Damani for the plaintiff Mr. J.G. Shukla i/by G.H. Shukla & Co. for the defendant ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 24th AUGUST, 2009. P.C. : 1. Rejoinder of the plaintiff is taken on record. 2. Mr. Shukla states that statement recorded on 16th April, 2009 by this Court sufficiently protects the rights, if any, of the plaintiff. 3. Mr. Damani states that if the said statement and the order based thereupon is continued till the hearing and final disposal of the suit, the plaintiff would be sufficiently protected at the interlocutory stage and he does not seek any other reliefs. : 2 : 4. There is nothing on record which would demonstrate that defendant has deviated from the statement made to this Court or that any attempt has been made to dispose off or create any third party interest in the suit premises. In such circumstances and when both parties are consenting that the said statement can continue, it is directed that the notice of motion is made absolute in terms of the ad- interim order dated 16th April, 2009 with parties being left to bear the respective costs. 5. Needless to say that this order does not prevent the defendant from instituting appropriate proceedings against the plaintiff. All contentions in such proceedings are kept open. (S.C. DHARMADHIKARI, J.)