1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.688 OF 2009 IN SUIT NO.298 OF 2009 Rajendra Prasad Rajnath Yadav .. Plaintiff Vs. Pangerkar Shirish Yashwant and Ors. .. Defendants Mr.R.C.Kaushik for the plaintiff None for the defendants CORAM : S.C.Dharmadhikari, J. DATE : September 29, 2010 P.C. : 1. Affidavit of service taken on record. Heard Mr.Kaushik appearing on behalf of the plaintiff. He states that defendant no.1 and 2 agreed to sell a flat no. 007 in a building No. 37 situated in layout of MHADA more particularly described in Exhibit 'D' to the plaint. The total consideration was Rs. 8,45,000/- out of which Rs.4,50,000/- is paid by cash as evidenced by a receipt executed on the date of the agreement. 2. It is stated that defendant nos.1 and 2 were to obtain no objection certificate / approval from MHADA and thereafter conveyance/deed of transfer would be executed. 3. After paying the amounts, the plaintiff has been repeatedly approaching the 2 defendant nos.1 and 2 but they have avoided to execute the Sale-Deed. Even the balance consideration was offered but defendant no.1 and 2 kept on delaying the matter of obtaining NOC from MHADA. In such circumstances, when complaints were lodged with the police station, it has been learnt that defendant nos.1 and 2 have illegally and wrongfully inducted defendant no.3 to 5 in the said flat. Plaintiff is apprehending that if the flat itself is sold, transfered or alienated to a third party then the suit will be duly frustrated and defeated. 4. Having perused the plaint and the annexures thereto and finding that none is appearing on behalf of the defendants so also each of the averments and allegations being uncontroverted, interest of justice would be served if during the pendency of the suit it is directed that the defendants by themselves their servants, agents or any persons claiming through them shall not dispose of or transfer the suit flat in any manner more particularly described in prayer clause (a) of the notice of motion and the agreement, copy of which is Exhibit D to the plaint. Copy of this order be duly ‘ ’ forwarded by the Registry and by the plaintiffs advocate to the Estate Manager of MHADA. The said authority shall not issue any NOC if it is approached by any of the defendants or other parties during the pendency of the suit. Motion disposed of accordingly. ( S.C.Dharmadhikari, J. )