IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.247 OF 2008 IN EXHIBIT 5 IN SPECIAL CIVIL SUIT NO.51 OF 2005 Mr.Doshal Meghraj Barot ..Appellant/ Defendant No.3 Vs. Smt.Sushila Vasant Mandlik ..Respondent1/ & Ors. Plaintiff. Mr.Bipin Joshi for the Appellant. Mr.Nitin P. Deshpande for Respondent Nos.1 to 3. Mr.N.N.Bhadrashete for Respondent No.6. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 9TH APRIL, 2008 DATED : 9TH APRIL, 2008 DATED : 9TH APRIL, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The Plaintiff has filed this suit for a declaration that the agreement between herself and Defendant No.4 is void on the ground that her son/Defendant No.4 wrongly represented to her that the transaction was for a sum of Rs.20,00,000/- and thereafter made her execute the agreement for a sum of Rs.3,20,000/-. 3. Prima-facie, the evidence of collusion between Defendant Nos.3 and 4 is not sufficient to warrant the appointment of a Court Receiver on that premises and dispossessing Defendant No.3 therefrom. The evidence is merely inferential on the basis of the price alleged to be very low. 4. The rights of all the parties are required to be protected at this stage. Hence, the Appeal from Order is disposed of with the following order :- i) The order appointing the Court Receiver is confirmed. However, the Court Receiver shall not dispossess Defendant No.3 from the suit premises. Defendant No.3 shall be appointed as an agent of the Court Receiver on usual terms and conditions but without the payment of any royalty or security. ii) Till the Court Receiver takes possession, the Appellant is restrained from alienating, encumbering, parting with possession of, or creating any third party right, title and/or interest in, to, upon or in respect of the said premises. iii) Further, the Receiver shall not put up his board within or outside the said premises. iv) Needless to state that Defendant No.3 shall pay all the outgoings and maintenance charges in respect of the said premises including to the APMC.