IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1525 OF 2005 IN SUIT NO. 1188 OF 2005 Anup Jagtar Singh & Ors. ... PLAINTIFF V/s. Jagdish Kaur Julka & Ors. ... DEFENDANTS Mr. C.U. Singh, Sr. Adv. i/b. M/s. Sanjay Udeshi & Co. for plaintiff. None for the defendant. CORAM CORAM CORAM : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. DATED DATED DATED : 24th March, 2006 : 24th March, 2006 : 24th March, 2006 P.C. . Heard. None appeared for the defendants. By an order dated 09.11.2004 it was recorded that the defendant Nos. 1,2 & 3 will not create any interest in the property and they will also not part with the possession of the property. This was without prejudice to the rights to their rights or objections to the maintainability. 2. Defendants neither appeared nor raised any defence till this date in the present suit. 3. Without further going into merits and maintainability of the suit I am of the view that in view of averments made in the plaint as well as this ( 2 ) Notice of Motion, the plaintiff has made out case for relief in terms of prayer clause (a) & (b). Clause (a) That pending the final hearing and disposal of the Suit, the Court Receiver, High Court, Bombay or some other fit and proper person be appointed as Receiver of the Suit Flat as more particularly described in Exhibit "A" to the plaint under Order 40 Rule 1 of the Code of Civil Procedure. Clause (b) That pending the hearing and final disposal of the said suit, the Defendant Nos. 1 to 3 be restrained by themselves or through their servants/agents by an order of injunction of this Hon’ble Court from in any manner directly or indirectly, transferring, encumbering, alienating disposing of or creating third party interest or dealing with the Suit Flat (i.e. Flat No. 6, Kanwal House, 3rd Road, Khar, Mumbai 400 052 described at Exhibit "A" hereto) or inducting any third party therein or parting with the possession thereof or parting with possession of the Suit Flat or from in any manner carrying out any alterations. 4. The suit Paras 4,6 & 8 are sufficient to grant the reliefs. 5. In view of this, the Notice of Motion is disposed of with no other as to costs. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]