: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3833 OF 2007 IN SUIT NO.3444 OF 2005 Emgee Homes Pvt.Ltd. ....Plaintiff V/s. Sunilchandra S. Sadalge & Ors. ....Defendants Mr.V.R. Tripathi for Defendant No.1. Mr.Alok Bagla for Defendant Nos.2 and 3. CORAM : S.J. VAZIFDAR, J. DATED : 28TH JANUARY, 2008. P.C. : 1. The suit is filed for specific performance of the agreement allegedly between Defendant No.1 and the Plaintiff. Defendant Nos.2 and 3 who have taken out this Notice of Motion are third parties who claimed to have acquired the suit property from Defendant No.1. 2. By this Notice of Motion, Defendant Nos.2 and 3 merely seek to carry out the repair work at the suit premises as per the plan annexed at Exhibit-5 to the affidavit in support of the Notice of Motion. There can be no objection to the same especially in view of the fact that Mr.Bagla, the learned counsel appearing on behalf of Defendant Nos.2 and 3 states that : 2 : Defendant Nos.2 and 3 will not claim any equity by virtue of any work done pursuant to this order. The statement is accepted and it is only in view thereof the present order is passed. The Notice of Motion is disposed of by following order :- i). The Court Receiver shall appoint an Architect from his panel for the purpose of carrying out the repair works on the suit premises as may be necessary for protecting the structure and the persons and material therein. The work shall be carried out by the Court Receiver only upon Defendant Nos.2 and 3 first placing him in funds as required by the Architect. ii). Defendant Nos.2 and 3 shall not claim any equity at any stage of the proceedings or otherwise by reason of any work that may be done pursuant to this order. iii). The Court Receiver is directed to appoint an Architect and have the work completed on or before 31.5.2008.