IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.77 of 2004. NOTICE OF MOTION NO.77 of 2004. NOTICE OF MOTION NO.77 of 2004. IN IN IN SUIT NO.26 of 2004. SUIT NO.26 of 2004. SUIT NO.26 of 2004. Pranjivan Khimji Rajgor ..Plaintiff versus Karsandas Khimji Rajagor ..Defendant Mr.V.S.Paradkar for the Plaintiffs Mr.O.M.Manoharan for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 27th August, 2008. DATED : 27th August, 2008. DATED : 27th August, 2008. P.C. 1. The suit was filed by the Original Plaintiff for recovery of possession of the business premise, more particularly set out in the plaint. The original plaintiff expired and his heirs have been brought on record. The plaintiffs have taken out this Notice of Motion for two prayers namely for Order of injunction restraining the defendants from creating third party right and or from parting with the possession of the suit premises M/s. Manoj Auto Works. Affidavit in reply is filed by learned Advocate Mr. Manoharan. Learned Advocate Mr. Paradkar submitted that he will proceed with the arguments in the motion on the basis of denail of the contentions. -2- 2. After having heard learned advocates on both the sides, I am inclined to observe that the interest of the plaintiff is required to be protected to see that no new person enters upon the suit premises and for injunction in terms of prayer clause (b) can be granted. 3. As regard prayer clause (a) as the necessity for appointment of Court Receiver is not made out, hence I am not inclined to grant the same. 4. The motion is being disposed of with no order in terms of prayer clause (a), with liberty to take out a motion for appointment of Court Receiver if there is change in the circumstances. The prayer with regard to injunction from transferring or creating third party right in respect of the suit premises in terms of prayer clause (b) is required to be granted. Learned Advocate Mr. paradkar submitted that as of today he is not pressing for prayer clause (c). He seeks liberty to take out fresh motion if found necessary. In view of the above, the motion is -3- disposed of by passing following Order. ORDER i. Motion is disposed of so far as prayer clause (a) and (c) are concerned with no orders, with liberty to the plaintiff to take out fresh motion if necessary. ii) Motion is made absolute in terms of prayer clause (b). Since parties are related to each other, there shall be no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)