IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3205 OF 2005 IN APPEAL NO.934 of 2005 IN NOTICE OF MOTION NO. 1135 OF 2003 IN SUIT NO. 816 OF 2003 Narayan R.Gowda S/o Raju Gowda .. Appellant versus Jayesh Ramnikbhai Shah & ors .. Respondents ... Mr.P.K.Samdani i/b Mr.M.G.Gawde for the Appellant Mr.D.D.Madan i/b Mr.Anil Mishra for the ’espondent nos. 1 & 2 Mr K.R.Tiwari i/b Mr.Ashok Kumar Upadhyay for the Respondent no.3 CORAM : R.M. LODHA AND CORAM : R.M. LODHA AND CORAM : R.M. LODHA AND D.G. KARNIK, JJ D.G. KARNIK, JJ D.G. KARNIK, JJ DATED : 28th November 2005. DATED : 28th November 2005. DATED : 28th November 2005. P.C.: 1. Heard. 2. We asked the learned counsel for the appellant whether the appellant is prepared to make available one flat for which an agreement was entered into between the plaintiffs and the defendant no.1. 3. There was no positive response from the learned counsel for the appellant. 4. We are of the view that in the light of the agreement for sale dated 1st January 2000 and the earlier agreement of sale dated 5th June 1998 entered into between the plaintiffs and the defendant no.1 and the Memorandum of Understanding between the defendant no.1 and the present appellant, there is prima facie case in favour of the plaintiffs. In the circumstances, we are no inclined to stay the operation of the impugned order. However, liberty to the parties to apply for appropriate order after the Court Receiver submits the report pursuant to the impugned order. 5. Notice of Motion stands disposed of. (R.M. LODHA, J) (R.M. LODHA, J) (R.M. LODHA, J) (D.G. KARNIK, J) (D.G. KARNIK, J) (D.G. KARNIK, J)