1 nms-4186-s-1911-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 4186 OF 2009 IN SUIT NO. 1911 OF 2009. Anjali John D’Cruz. ..Plaintiff. vs. Victor John D’Cruz & Ors. ..Defendants. .... Mr. K.K.V. Kurup, for Plaintiff. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 7TH MARCH 2011. P.C. By this Suit, the Plaintiff has contended that she has one-fourth share in the Suit premises being Flat No.104, admeasuring 225 sq.ft. situated at Samrat Building, ‘B’ Wing, Yashwant Nagar Lane, Santacruz (East), Mumbai-400 055. It is her case that she is residing in the Suit premises with the defendant Nos. 1, 2 and 3, i.e. her two brothers and one sister. She submits that she has been harassed by the Defendants and is being mentally and physically tortured. She has also lodged police complaints as set out in the Plaint. She therefore prays that the Suit flat be divided by mets and bounds and she should be given her one-fourth share. She has also prayed that until such division, the Defendants, their Servants and agents be restrained by an order of injunction from interfering with the peaceful joint user and enjoyment by the Plaintiff of the Suit flat along with the Defendants. 2. The learned Advocate appearing for the Plaintiff submits 2 nms-4186-s-1911-09 that since the Plaintiff is alone as against the three Defendants who have ganged up against her, the Plaintiff apprehends that she will be dispossessed from the Suit premises. The learned Advocate for the Plaintiff therefore submits that the parties be directed to maintain status-quo in respect of the Suit flat and the Defendants be also directed not to cause any harassment to the Plaintiff. 3. Though the Notice of Motion is served on the Defendants and an Affidavit dated 25th January 2010 proving service of the Notice of Motion on the Defendants is filed before this Court, the Defendants have not filed any Affidavit-in-Reply to the Notice of Motion and nor have they appeared before this Court in person or through their Advocates. 4. In view thereof, pending the hearing and final disposal of the Suit, parties are directed to maintain status-quo in respect of the Suit flat as of today. Parties are also directed to co-exist peacefully in the Suit flat and not to cause harassment to one another. The Notice of Motion is accordingly disposed of. The learned Advocate for the Plaintiff shall forthwith forward a copy of this order to the Defendants by Registered Post A.D. [ S.J. KATHAWALLA, J. ]