KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2676 OF 2008 IN SUIT NO.1403 OF 2007 Dr.Suresh Govindji Manek ..Plaintiff Vs. Shri Devji Naranji Thacker & Ors. ..Defendants ---- Mr.U.J.Makhija @ S.G.Lakhani for the plaintiff. Mr.Mehul Shah i/by Bharat Joshi for the defendant no.1. ---- CORAM : R.S.MOHITE, J DATE : 3/8/2010 P. C.: 1 As far as prayers-(a) & (b) of the Motion are concerned, in view of the status-quo order operating in Suit No.2107/2002, plaintiff does not press prayers-(a) & (b). It is an admitted position that the status-quo order is operating, pending the cross suit and that would include not creating any third party rights. In so far as prayer clause-(c) is concerned, plaintiff is permitted to pay and defendant no.2 is directed to accept the out-goings i.e KJ 2 maintenance, taxes etc. in accordance with the societies’ bill from the plaintiff but the said payment will be made without prejudice to the rights and contentions of the defendant no.1 and merely because such payment is made, no equity will accrue in favour of the plaintiff. Notice of Motion stands disposed off in the aforesaid terms. Parties to act on an authenticated copy of this order. (R.S.MOHITE,J.)