1 kbp IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.490 of 2007 in Suit No.310 of 2007 Dattaram Vitthal Dhabhilkar ..Plaintiff Vs. Chandrakant Babu Murudkar & ors. ..Defendants. ........ Mr.M.P.Pawar, Advocate for plaintiff. None for defendant. ......... CORAM: R.S.MOHITE, J. DATE : July 3rd, 2009. P.C. 1] This Notice of Motion taken by original plaintiff praying for injunction restraining Defendant No.1, his family members, servants, agents and hirelings from further parting with possession and/or disposing of the suit premises and/ or creating any third party right in respect of the suit premises i.e.Room No.301, H-Wing, Bandookwala Chawl, Sayani Road, Mumbai 400 025. There is another prayer for direction to Defendant No.1 to deposit the compensation receivable from the third party in this Court in respect of the suit premises. 2] On perusal of the claim it appears that the document of title is an 2 agreement of sale dated 2nd November, 2001 which is executed by original owner solely in favour of Defendant No.1 who is shown as purchaser. The document does not mention that there is any co-purchaser of the suit premises. Plaintiff’s suit is based on an unregistered document styled as “Declaration” signed by the Plaintiff, Defendant No.1 and two others under which the signatories declare that they have share in the suit property. The document records that out of purchase consideration of Rs.6,50,000/- amount of Rs.80,000/- only is paid by Defendant No.1 and the balance amount of the purchase price is shared by other signatories of the said document. Possession of Defendant No.1 in the suit premises is permitted by the said document. Such an unregistered document cannot confer any share or title on that plaintiff. In my view, no prima facie case is made out. Hence, Notice of Motion is dismissed. (R.S.MOHITE, J.)