1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2671 OF 2003 IN SUIT NO. 2932 OF 2000 Union of India & Ors. ...Plaintiffs Vs. Rusy Trombaywalla & Ors. ...Defendants Mr. D.J. Khambata, Additional Solicitor General with Mr. S.R. Rajguru for Plaintiffs Ms. Anjali Chandurkar i/b. Purnand & Co. for Defendants 2,4 & 5 Mr. P.G. Lad, A.G. P. CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST JUNE, 2010 P.C. : 1. This Notice of Motion is for appointment of the Court Receiver and other injunction as also for ordering the mutation entry of the Suit land to be amended. 2. The issue involved in this Suit is the same as the issue involved in a number of Appeals filed in the Apex Court from an order of the Division Bench of this Court. 2 3. Consequently, the title claimed by the Plaintiffs would have to be considered in view of the order of the Apex Court. Pending the Suit 3 rd party rights in the Suit lands cannot be created and mutation entries cannot be altered or amended. 4. No case for appointment of Court Receiver is made out. 5. The Suit lands can be protected by a simplicitor order of injunction restraining the Defendants from dealing with, disposing off, alienating, encumbering, parting with possession, transferring or creating any 3 rd party rights and developing the suit lands. 6. Hence the following order:- 1. Prayers (a) and (c) are refused. 2. The Defendants shall not to sell, deal with, dispose off, alienate, encumber, part with possession, transfer or create any 3 rd party rights or develop the Suit lands until further orders. 3. The Suit shall be placed on board for hearing after the order of the Apex Court is passed. (SMT. ROSHAN DALVI, J.)