1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.1469 of 2010 IN Suit No.103 of 1996 Mr.Sumir Mahabir Oberoi .. .. Plaintiff v/s. Mrs.Kiran Mahabir Oberoi & ors. .. Defendants Ms.Prachi Khandge i/by M/s.M.P.Vashi & Associates for Plff. Mr.P.S. Gidwani for Deft.No.2. Ms.Vasanti Dighe for Mr.Kamlesh Shah. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 7th June, 2010 P.C. : 1.This Application is for ad-interim relief. By consent, the parties desire this Notice of Motion to be disposed of. The Suit is between co-owners. The Suit is settled. The Court Receiver has handed over possession of room No.31, which is one of the tenanted premises in the suit building, jointly to the Plaintiff and the Defendants. The tenant of room No.31, who is not a party to this Suit, has been declared a tenant by the Rent Court. That declaration has been ex-parte. An Application for setting aside that ex-parte order has been taken out but not prosecuted. The Court Receiver has handed over possession of the premises claimed by 2 the tenant to the owners of the building. 2.The tenant of room No.31 claims possession. That possession cannot be given by this Court. That Application shall have to be considered by the Rent Court itself. In the meantime, the Court Receiver shall not stand discharged. Hence prayer (b) cannot be granted. Since possession has been given by the Court Receiver to the owners, that cannot be taken back in this Application. Similarly since possession cannot be given to the tenant, prayer (a) is required to be and is granted. 3.It is clarified that the ultimate possession of room No.31 shall be decided in the Rent Court. 4.The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.)