-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 533 of 2007 IN SUIT NO. 769 OF 2007 Smt. Saroj M. Bijlani & ors. : Plaintiffs v/s Shri Chandru G. Bijlani & ors. : Defendants Mr. D. Madan sr. counsel with Mr. V. K. Shiralkar i/b M/s. Shiralkar and co. for plaintiffs Mr. P.G. Lad with Ms. Reshma Dalvi i/b. R.C. Dalal for defendant no.1 to 4 Ms. Kunjal Sanghani i/b K.R. Parekh and co. for defendant no. 5 to 7 Coram : S.J. Kathawalla, J. Date : 6.10.2008 P.C. . The suit herein is filed by the plaintiff against defendant nos. 1 to 10 interalia seeking a preliminary decree of partition in favour of the plaintiffs and against the defendants in respect of property known as Bijlani Bhavan, 738, Khar Pali Road, Mumbai 400052 more particularly described in site plan Exhibit B to the plaint. The plaintiffs have also prayed that the suit property be partitioned by metes and bounds and the one forth share of the plaintiffs be separated and given to them. . The plaintiffs have in the suit, taken out the above notice of motion seeking injunction against the defendants from dealing, parting with possession of, -2- alienating, assigning or creating any third party interest in respect of any portion of the suit property. The plaintiffs have also sought appointment of court receiver with direction to collect the rent from the existing tenants and to appoint the occupants as the agent of the Court Receiver on payment of royalty and on furnishing security of the suit property. . An application for ad interim reliefs was made before this court by the plaintiffs on 2.1.2007 (Coram :Smt. R. Daliv, J.) after serving notice to all the defendants. A statement of defendant nos.1 to 4 was recorded that they shall not crate any third party rights or deal with or dispose of the suit premises. Defendant nos. 8 to 10 were not present though served. Today when the notice of motion was taken up for final hearing defendants nos. 8 to 10 have remained absent though served. They have also not filed any affidavit in reply. . After the Notice of Motion was heard at some length the Counsel for the plaintiffs as well as the defendant nos. 1 to 4 and defendant nos. 5 to 7 have tendered minutes of the order signed by the respective Counsel/Advocates and have requested the court to pass -3- an order in terms of the said minutes of the order. The said minutes of order dated 6ht October 2008 are taken on record and marked ’X’. . An order in terms of the minutes of the order dated 6th October, 2008 is passed, against the parties on whose behalf the said minutes are signed. . As far as defendant nos. 8 to 10 are concerned the Notice of motion is made absolute against them in terms of prayer clause (a). . Notice of motion therefore stands disposed of, with no orders as to costs. (S.J. Kathawalla,J.)