*1* nms.2703.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2703 OF 2009 IN SUIT NO.1773 OF 2009 Gautam Champalal Jain. ..Plaintiff -Versus- Vinayak Ganpat Kanade and others. ..Defendants .......... Manjusha Bodhe i/b P.G.Pravin, for the Plaintiff. A.Dasgupta i/b J.Narula and Associates, for the Defendant Nos.2 and 3. D.J.Lulia, for the Defendant Nos.6 and 7. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 01st December, 2010. P.C. 1 The Defendant Nos.6 and 7 in their affidavit in reply dated 21.10.2010 and particularly in paragraph No.3(xvi) have stated as under:- “3(xvi) I have no intention to create third party right or sell or transfer or alienate or encumber or deal with the suit property in as much as the suit property is already mortgaged with State Bank of Saurastra from which we have obtained a housing loan, moreover the suit premises is the only roof and shelter over our head therefore there is no substance in the contention of the Plaintiff that we are creating third party right or selling or transferring or alienating or encumbering or dealing with the suit property.” 2 In the light of this statement made by the Defendant Nos.6 and 7 who are stated to be in possession of the suit property, the claim of the Plaintiff is sufficiently protected. The apprehension that the property *2* nms.2703.09 would be dealt with or disposed of so as to defeat the claim in the suit, is taken care of by this statement which is adequate interim protection even otherwise. 3 The Notice of Motion is, therefore, made absolute by accepting this statement as an undertaking to this Court. The statement as set out in the affidavit and accepted as an undertaking to this Court would be without prejudice to the rights and contentions of the parties. The Notice of Motion is, accordingly, disposed of. No order as to costs. (S.C. Dharmadhikari, J)