1 nm-4237-s-1975-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 4237 OF 2009 IN SUIT NO. 1975 OF 2009. Rama Samy Palani Samy. ..Plaintiff. vs. Exclusive Fibres Pvt. Ltd. & Ors. ..Defendants. .... Mr. Mehul Shah, i/b. Bharat Joshi, for Plaintiff. Mr. Vaibhav Sugadare, i/b. Mustafa Kachwala, for Defendant No.4. Mr. Rajeev Agrawal, Defendant No.2 & Director of Defendant No.1, present. Mr. Rama Samy Palani Samy, Plaintiff, present. Mr. Shyam Sunder Sharma, Defendant No.4, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 24TH FEBRUARY 2011. P.C. The following order is passed by consent of the Plaintiff and Defendant No.4 : (i) Parties shall maintain status-quo as of today qua the terrace delineated in a red colour boundary in the plan annexed at Exhibit ‘D’ to the Plaint. (ii) Defendant No.4 undertakes that in the event of his selling the Suit Row House to any third party, he shall in the Agreement for Sale categorically mention that the dispute pertaining to the said terrace is pending before this Court in the present Suit and the ownership of the terrace in dispute shall be decided only at the time of the hearing and final disposal of the above Suit and shall also annexe a copy of this order to the Agreement for Sale. The undertaking is accepted. 2 nm-4237-s-1975-09 (iii) Parties who are present in Court agree that they shall co-operate with each other in all respects including allowing access to the third floor terrace on which the water tank of row house no.2 is put up. (iv) This order is passed without going into the merits of the case and shall not affect the rights and contentions of the parties in any manner whatsoever. (v) The Notice of Motion is accordingly, disposed of. 2. Hearing of the Suit is expedited. Defendants shall file their written statements within four weeks from today. Place the Suit for framing of issues on 5th April 2011. [ S.J. KATHAWALLA, J. ]