1 nm 2168-2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2168 OF 2009 IN SUIT NO. 1551 OF 2009 Mr.Shashikant Mehta ...Plaintiff vs. Mrs.Madhuri Manukant Mehta & Ors. ...Defendants Ms.P.G. Bhatia for the Plaintiff. Mr.Mahendra Ghelani i/b. M/s.Law Charter for Defendant Nos.1 to 4. CORAM : S.C. DHARMADHIKARI, J. DATED : OCTOBER 20, 2010 P.C. :- 1 Heard both sides. In the suit filed by the plaintiff against the heirs and legal representatives of deceased brother for possession on title, at the ad-interim stage, this court has recorded the statement of the defendants that the defendant no.1 is in possession of the suit flat and she will not dispose off, alienate or transfer the same in any manner. To-day also, the same position 2 nm 2168-2009 continues. Defendant No.1 who is stated to be suffering from cancer is in possession of the flat whereas defendant nos.2, 3 and 4 are residing elsewhere because they are married daughters of the first defendant. However, merely because they are visiting her so as to look after her in serious ailment itself is no ground for the appointment of a Court Receiver as contended by Ms.Bhatia. Similarly, pendency of criminal proceedings or registration of an FIR recently is also no ground to have Court Receiver appointed of the suit property. In such circumstances, in my view, prima facie case for grant of injunction is made out. 2 The Motion is, therefore, made absolute in terms of prayer clause (a) except the bracketed position dealing with . The modified prayer is thus :- (a) That pending the hearing and final disposal of the suit, the Defendants by themselves/herself, 3 nm 2168-2009 her/their servants and agents or otherwise howsoever, be restrained by an order and injunction of this Hon ble Court from in any manner or disposing of or parting with the possession of, or alienating or encumbering or transferring or creating any right, title and interest in respect of the suit flat viz. Flat no.62 on the sixth floor in the building known as Mitra Kunj situated at 16 A Dr G Deshmukh Marg, (Pedder Road) Mumbai 400 026 in favour of any one else or inducting any one into or any part thereof; 3 This order does not prevent the defendant nos.2 to 4 or their husbands from visiting the first defendant and attending her in her ailment. (S.C. DHARMADHIKARI, J.)