Vinod Narayandas Punjabi v. Asha Ganesh Shrivastava
8.nms.138.2014.doc dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
NOTICE OF MOTION NO. 138 OF 2014 IN SUIT NO. 582 OF 2013 Vinod Narayandas Punjabi ...Applicant/Plaintiff vs Asha Ganesh Shrivastava ...Defendant.
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Mr Geogy Jacob I/b Geogy Jacob & Associates for the Applicant / Plaintiff.
None for the Defendant.
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Digitally signed by Dhanappa I. Koshti Date:
2019.07.18 10:55:40 +0530 Dhanappa I. Koshti CORAM : B. P. COLABAWALLA, J.
JULY 17, 2019.
P.C. :
This Notice of Motion has been filed seeking to restrain the defendant, her successors, assignees, agents from in any manner disposing of and/or creating any third party rights, and/or interest in the suit premises i.e. Flat No. B-35/108, 1st Floor, Sheetal, Apna Ghar, Unit No. 9 Chs Ltd. Swami Samarth Nagar, Lokhandwala Complex, Andheri (west) Mumbai - 400 053 admeasuring about 770 sq. fts. (built up area) along with 995 sq. fts. terrace area attached to the said flat.
When this Notice of Motion had come up at the ad-interim Pg 1 of 2
8.nms.138.2014.doc stage, this Court by its order dated 17th April, 2013, had accepted a statement made on behalf of the defendant that she shall not dispose of, alienate, encumber, part with possession and/or create any third party rights in respect of the suit flat / premises. Today when this Notice of Motion is called out, none appears on behalf of the defendant. On going through the averments in the plaint and the Notice of Motion, I find that the applicant / plaintiff has made out a case for an order of injunction as per the statement made by the defendant at the ad-interim stage. In these circumstances, the following order is passed. i) The defendant, till hearing and final disposal of the suit, shall not dispose of, alienate, encumber, part with possession and or create any third party rights and/or interest in respect of the suit flat / premises. The Notice of Motion is disposed of accordingly. No order as to costs.
(B.P.COLABAWALLA, J.) Pg 2 of 2