*1* nms.2797.10.chs.1661.10 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2797 OF 2010 WITH CHAMBER SUMMONS NO.1661 OF 2010 IN SUIT NO.120 OF 2010 Dharmesh J. Paun. ..Plaintiff -Versus- Bharat C. Bhandare and others. ..Defendants .......... D.H.Mehta i/b Dharam & Company, for the Plaintiff. D.K.Ghaisas and Sham Walve, for the Defendant Nos.1 to 3. R.T.Walawalkar i/b Nitin Mulye, for the Respondent No.4. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 26th November, 2010. P.C. 1 Mr.Mehta, learned counsel for the Plaintiff seeks time to put in a rejoinder. However, he states that in the affidavit in reply the statement is made that not only the Defendant Nos.1 to 3 entered into an agreement for sale of the subject immovable property with the Defendant No.4 but they have executed the sale deed. My attention is invited to paragraph No.9 of the affidavit in reply which is filed by Vismit C. Bhandare (Defendant No.2) on behalf of himself and the Defendant Nos.1 and 3. 2 Mr.Ghaisas, learned counsel for the Defendant Nos.1 to 3, on instructions, states that although in response to the letter addressed by the Plaintiff’s Advocate it was stated that the agreement of sale should be treated as a sale deed, but there is a conveyance duly registered and a *2* nms.2797.10.chs.1661.10 copy thereof will be supplied to the Plaintiff’s Advocate within a period of one week from today. 3 Having heard the learned counsel for the parties, I am of the view that until the Notice of Motion is heard and disposed of finally, ad- interim order deserves to be continued. Accordingly, it is directed that until this Notice of Motion is heard and disposed of finally, the Defendants shall not create further third party right or alienate or encumber or transfer the suit property in any manner. Further the Defendants, their servants and agents shall not in any manner disturb the possession of the Plaintiff in respect of the suit property. 4 Both directions are without prejudice to the rights and contentions of the parties. Notice of Motion is made returnable in due course. Rejoinder affidavit be filed within a period of three weeks from today. 5 In view of the above directions, Chamber Summons No. 1661/2010 does not survive and it is disposed of. (S.C. Dharmadhikari, J)