1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3325 OF 2006 IN SUIT NO. 3627 OF 1988 Snehalata Suresh Naik Satam. ... Plaintiff. V/s. Vimal Govind Naik Satam (Since decease through her L.R. ... Defendants. Vithal alia Govind & Ors. Mr. V.A. Gangal i/b. A.T. Gade for the Plaintiff. Mr. S. Marathe i/b. Parag Shelke for Defendant No.1A to 1E. Mr. G. K. Masand for Defendant No.2. ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 18TH NOVEMBER 2008. P.C. :- This Notice of Motion is seeking a relief of appointment of a Court Receiver of a Flat which is more particularly described in prayer clause (a) of the Motion. 2 2. The Motion is moved by Defendant No.2 who is the daughter of the deceased Suresh Naik Satam. The Plaintiff is the widow of the said Suresh whereas Defendants 1(a) to 1(e) are the heirs and legal representatives of the Deceased Defendant No.1. 3. The Suit is filed by the Plaintiff claiming 1/3rd share in the suit flat. 4. At an earlier stage a motion was moved by the Plaintiff and she was allowed to occupy the suit flat. This is a order dated 30th September 1997. Subsequently, the Second Defendant made an attempt to have a Receiver appointed of this Flat but an order was made by a learned Single Judge which came to be set aside in Appeal. 5. This is the second Motion by the Second Defendant. 6. After this matter was argued for some time and considering that the dispute is a family dispute, the suggestion was given to the 3 parties to put an end to the dispute amicably. A further suggestion was given that in the first instance the Suit Flat may be valued by a valuer appointed from the panel of the Court Receiver, High Court, Bombay and upon submission of the valuation report the shares of the respective parties can be determined. This suggestion was accepted by Shri Gangal appearing for the Plaintiff and Defendant No.2 who is represented by Mr. Masand. 7. Considering that both sides are agreeable to an amicable settlement and further the Second Defendant being paid a sum of Rs.1,500/-per month, at this stage, there is no necessity to appoint a Court Receiver. However, the Second Defendant shall be at liberty to apply for this relief in case the parties cannot arrive at a settlement after the valuation report is submitted. 8. An additional affidavit is filed by the Plaintiff in which she has made a statement that the Suit Flat is in her possession and that she has not inducted anybody therein nor has she parted with possession of the same exclusively. She has inducted a paying guest 4 as a temporary measure for 11 months who is occupying the flat alongwith her. She has not transferred the Suit Flat nor alienated or encumbered the same in any manner is the statement on affidavit. Mr. Gangal after instructions makes a statement that the Plaintiff is in possession of the Suit Flat alongwith the paying guest. In such circumstances, until further orders of this Court, the Plaintiff shall not creat any third party rights nor transfer the Suit Flat in any manner. She will also not induct anyone or part with possession thereof save and except allow the existing paying guest to continue till the agreement of leave and licence in force. In no case this agreement shall be construed as a transfer of any rights in respect of the flat. The Plaintiff shall be solely responsible for the paying guest Shri Chorge vacating the flat and after the valuation report is submitted, in case, the parties are agreeable to the flat is being sold, the said flat will be sold in a vacant state. The flat be valued on that basis. 9. The Notice of Motion is disposed of with the above orders and directions. Liberty to apply. The Court Receiver to act upon 5 authenticated copy of this order and appoint a valuer from his panel within a period of 10 days from the date of receiving a copy of this order. The valuation report shall be submitted in a sealed cover to this Court within four weeks by the valuer appointed by the Court Receiver. The valuation fees shall be paid jointly by the parties. (S.C. Dharmadhikari,J.)