1 nms692-07.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 692 of 2007. in Suit No.474 of 2007 Anil Kantibhai Patel .. Plaintiff v/s. M/s. Shree Dayal Builders ..Defendants Mr.Snehal Shah i/b. M/s. Bilwala & Co. for the Plaintiff. Mr.P. Sancheti i/b. A & A Law for the Defendants CORAM : R.Y.GANOO, J. DATED : 1st October , 2010 P.C. : 1. This motion consists of two prayers. By prayer clause (a) plaintiff wants that during the pendency of the suit defendants should execute the transfer deed regarding flat mentined in prayer clause (a) in favour of the plaintiff. By prayer clause (b) any order of injunction is sought restraining the defendants from creating third party rights in regard to the flat mentioned in prayer clause (b). Relief in regard to prayer clause (b) is already granted by earlier order and as of today the motion is pending in terms of prayer clause (a). 2 nms692-07.sxw 2. As the matter was called out, learned Counsel for the plaintiff submitted that plaintiff wishes to take out new motion for seeking appointment of Court Receiver even though the order of injunction is already passed against defendants, as per prayer (b). 3. Since the plaintiffs intend to take out fresh motion for appointment of Court Receiver, he can be granted liberty to seek relief in the said motion, as set out in prayer clause (a) so that the new motion can be considered on merits. In view of this following order is passed to disposed of this motion. ORDER i) Plaintiffs are permitted to add reliefs sought in this motion in terms of prayer clause (a) in the new motion whereby the plaintiff wants appointment of Court Receiver. As and when the said motion is taken out, same will be heard on merits. Reliefs in terms of prayer clause (b) granted on 15.10.2010 to continue till disposal of the suit. There shall be no order as to costs. [R.Y.GANOO, J.]