1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.580 OF 2009 IN SUIT NO.269 OF 2009 Bansi Tikamdas Makhija .. Plaintiff Versus Suniel V. Shetty and Ors. .. Defendants Mr.Rajesh Gehani for plaintiff Mr.Virag Tulzapurkar, Senior Advocate with V.B.Naik i/b. Naik Naik & Co. for defendant Nos. 1 and 2 Ms.Prachi Khandge i/b. M.P.Vashi and Associates for defendant No.4. CORAM : S.C.DHARMADHIKARI, J. DATE : November 23, 2009. P.C.: 1] Heard Mr.Gehani for plaintiff and Mr.Tulzapurkar, learned Senior Counsel appearing for defendant Nos. 1 and 2 and learned Advocate appearing for defendant No.4. Defendant is duly served but no interim reliefs are sought against defendant No.3. 2] Mr.Tulzapurkar, learned Senior Counsel on instructions states that 2 the defendant No.1 is not concerned with the property involved in the suit and he is not in possession thereof. It is the second defendant who is in possession. Second defendant is ready and agreeable to make a statement that till this suit is heard and disposed of, he will not sell, transfer, alienate, encumber or part with possession of the suit property. 3] However, Mr.Tulzapurkar states that the fourth defendant is a Tenant’s Welfare Association. It may move appropriate authorities under the relevant statutes seeking their permission to develop the suit property where the Bungalow is located. Therefore, the statement made by defendant No.2, if accepted, should not be an impediment for defendant No.2 to get the benefit of such a scheme. However, Mr.Tulzapurkar states that even if the property is re-developed and benefit is conferred upon the second defendant, he shall abide by the same statement in relation to the reconstructed proper/ tenaments/ flats, which is made with regard to the existing bungalow and the land. 4] In the light of the statement made by Mr.Tulzapurkar, which is accepted as an undertaking to this Court, notice of motion is made absolute in terms thereof. Needless to clarify that it would be open for 3 either parties to apply for variation and/or modification of the order or the statement based upon which the order is passed. (S.C.DHARMADHIKARI, J)