: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2146 OF 2006 IN SUMMARY SUIT NO.1889 OF 2006 Kamraj S. Nadar ....Plaintiff V/s. Malraj Muthu Nadar ....Defendant Mr.A.P. Mishra for the Plaintiff. Mr.Devangh H. Shah for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 26TH AUGUST, 2008. P.C. : 1. It is not possible to state that the Plaintiff has no case on merits. The order granting unconditional leave was not on merits but for default on the part of the Plaintiff. 2. Mr.Shah, the learned counsel appearing on behalf of the Defendant states that the premises do not belong to him but belongs to his wife. In that event, the Defendant cannot be prejudiced by an order directing him not to alienate, encumber or create any third party rights in respect of the suit premises. 3. As far as the autorickshaw is concerned, the learned counsel for the Defendant states that the : 2 : Defendant does not intend at present at least to sell or dispose of the said autorickshaw. 4. Considering the averments especially those in paragraph 12 of the affidavit in support, I am unable to state that no case has been made entitling the Plaintiff to some protection although not for the drastic relief of an attachment before judgment. 5. In the circumstances, the Notice of Motion is disposed of by following order :- i). If the Defendant has any right, title and/or interest in the suit premises, he shall not dispose of, alienate, encumber or part with possession thereof. ii). The Defendant shall not sell the said autorickshaw without the leave of the Court.