1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3426 OF 2007 IN SUIT NO.2509 OF 2007 Smt Meena Laxmichand Gada and anr ....Plaintiff V/s. M/s Milani Electronics and anr ....Defendant Mr.Zubin Behram Kamdi, a/w Mr. Dhiren Shah i/b Vimla & Co. for the Plaintiff. Mr.S. P. Kanuga, for the Defendant No.2. CORAM : S.J. VAZIFDAR, J. DATE : 9TH NOVEMBER, 2009. P.C. :- 1. The defendant has been in possession since l995. The plaintiff purchased this property in the year 2007 aware of the defendant’s claim of adverse possession. 2. In the circumstances, ends of justice would met by the following order. ORDER. I) Pending the hearing and final hearing of the suit the defendants shall not sell, encumber, part with the possession of or create any third party right, title and/or interest in respect of the suit premises. II) The parties have agreed that the evidence shall 2 be recorded on Commission after issues are framed. III) Mr. Urazi, retired Judge, City Civil Court, is appointed as Court Commissioner for recording evidence. IV)Further directions in this regard will be passed after the issues are framed. V) The suit to appear on board for issues on 23rd November, 2009. VI)The Notice of Motion is accordingly disposed off