:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 146 OF 2008 OF MOTION NO. 146 OF 2008 OF MOTION NO. 146 OF 2008 IN IN IN MISC. MISC. MISC. PETITION NO. 57 OF 2008 PETITION NO. 57 OF 2008 PETITION NO. 57 OF 2008 IN IN IN PETITION PETITION PETITION NO. 912 OF 2006 NO. 912 OF 2006 NO. 912 OF 2006 Shrinivas Sabaji Naik Dhure. ...Petitioner. V/s. Manisha Murlidhar Bagwe. ... Respondent. Mr. U.B. Nighot for the Petitioner. Mr. D.L. Lad for the Respondent. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 09TH 09TH 09TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . The Respondent Manisha M. Bagawe has filed affidavit and in paragraph 5 of the affidavit in reply she has made the following statement :- " I say that admittedly, as can be seen from the averments and prayers, made in the aforesaid Misc. Petition and the Notice of Motion, the Petitioner is in possession of "the said Flat" and "the said Gala" and thus, this Hon’ble Court was pleased to pass an order of Status quo to be maintained by both the parties. I say that no ad-interim relief was granted to the Petitioner. I say that the Respondent has not intended, at any point of time, nor the Respondent is intending to take forcible :2: possession, of "the said Flat" or "the said Gala". I say that the Respondent has not intended at any point of time nor does the Respondent intends to create any third party rights, in respect of "the said Flat" or "the said Gala", pending the hearing and final disposal of the Misc. Petition but only intends to proceed with the lawful execution and implementation of the Letter of Administration dated 9.8.2007 and of taking possession of "the said Flat" and "the said Gala" and its administration, as per law, for which reason the Respondent has obtained the said Letter of Administration." 2. In the light of this statement made on affidavit by the Respondent, there is no apprehension that the Petitioner will be dis-possessed illegally and without due process of law from the Flat and the Gala in question. The Petitioner is claiming to be in physical possession of this Gala and Flat. Hence, he as well as the Respondent are directed to maintain status-quo as above till the hearing and final disposal of Misc. Petition No.57 of 2008. In the light of the statements made on affidavit which are accepted as an undertaking to the Court and the order directing both sides to maintain status-quo being continued, nothing further requires to be done as far as this Notice of Motion is concerned and it is accordingly disposed off. :3: 3. Office to show the name of Mr. D.L. Lad and Mr. Harrish Bhatia as Advocates for the Respondent. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)