1 ao127-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.127 OF 2011 ALONGWITH CIVIL APPLICATION NO.189 OF 2011 M/s. Om Shiv Developers .. Appellant V/s. Ramkrishna N. Rai & Anr. .. Respondents ..... Mr. Pramod Y. Keni i/b. M/s. Thakordas N. Mudgavkar for the appellant. ..... CORAM : A. S. OKA, J. DATE : MAY 4, 2011. P.C.:­ The appellant is the original plaintiff. Appellant has filed a suit for possession of the suit flat. The appellant made separate applications for temporary injunction and appointment of the Court Receiver. By the impugned order, both the applications were rejected. 2. As far as rejection of application for interim injunction is concerned, Appeal From Order No.1346 of 2010 was filed by the applicant. In the order dated 26th April, 2011, this Court has recorded undertaking of the first respondent that he will not create any third party rights in respect of the suit flat. By recording the said undertaking, 2 ao127-11 the Appeal was disposed of. 3. Thus, during the pendency of the suit, appellant has been adequately protected. Hence, no case is made out for passing a drastic order of appointment of a Court Receiver. Appeal From Order is dismissed with no order as to costs. 4. Civil Application No.189 of 2011 does not survive and the same is disposed of. JUDGE