NMS1003-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1003 OF 2009 IN SUMMARY SUIT NO.631 OF 2009 Purnima Suryakant Udeshi .. Plaintiff Versus Sagar Sarang & Anr. .. Defendants Mr.Tushar Goradia for plaintiff None for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 14th October 2010. P.C.: 1] None appears on behalf of the defendants though served. They have filed an affidavit in reply in the notice of motion. Nobody appeared on their behalf on 12th October 2010 and even today. There is an ad-interim order recording statement that status quo as of 20th April 2009 would be maintained till disposal of the notice of motion. 2] The apprehension of the plaintiffs is that since none appears that NMS1003-09 2 statement may not be abided by. It is stated in para 14 of the reply that the premises are already mortgaged and in such circumstances, there is no question of the same being disposed of. 3] Having regard to the fact that the affidavit states that there is no apprehension that the premises would be disposed of, interest of justice would be served by directing that the ad-interim order dated 20th April 2009 shall continue till the hearing and final disposal of the summons for judgement and for four weeks thereafter. In other words, defendants are directed to maintain status quo in relation to the premises which are more particularly referred to in the affidavit in support of this notice of motion for the period mentioned as above. The status quo as of 20th April 2009 shall be maintained. 4] The motion is allowed in these terms. Place the summons for judgement on 19th October 2010. (S.C.DHARMADHIKARI, J)