IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINA CIVIL JURISDICTION NOTICE OF MOTION NO. 1854 OF 2006 IN SUIT NO. 1573 OF 2006 Mohammed Husain Kashmiri ......Plaintiff V. Abdul Majid Noor Mohd. Naguri ......Defendant Ms Aparna Shinde i/b M/s M.P.Vashi & Associates for the plaintiff Mr. J.A. Udaipuri a/w P. Kathe i/s M/s Udaipuri & Co. for the defendant CORAM : A.A. SAYED, J. DATE : 1ST JULY, 2009. P.C. 1 The suit is for specific performance of Agreement for sale of a flat being flat No.15, 4th floor, White Rose Apartment Andheri (West), Mumbai. The learned Counsel for the defendant upon instructions from the defendant, who is present in the Court, states that the defendant is willing to give an undertaking that until disposal of the suit the defendant will not part with the possession of the suit flat or create any 3rd party right or induct any 3rd party in the suit flat. Let the usual undertaking of the defendant be submitted within one week from today. 2 In so far as the amount of Rs. 1,80,000/- deposited by the defendant in this Court is concerned, it will be open for the defendant for a period of 1 month, to withdraw that amount along with accruals, if any. This order is passed without prejudice to the rights and contentions of the parties in the suit. 3 Notice of Motion to stand disposed of. A.A. SAYED J.