1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 52 OF 2010 IN NOTICE OF MOTION NO. 595 OF 2009 ALONGWITH APPEAL FROM ORDER NO. 53 OF 2010 IN NOTICE OF MOTION NO. 596 OF 2009 IN S.C. SUIT NO. 739 OF 2008 Gulam Dastagir Parkar .. Appellant V/s. Shambhaji Sopan Chavan & Ors. .. Respondents Mr. Kunal Cheema i/b. Mr. Nagendra Dube for the Appellant. Mr. S. A. Abhyankar for Respondent nos. 1 to 3. CORAM : J. H. BHATIA, J. DATE : MARCH 22ND, 2010. P.C. : With consent of the learned counsel, who have taken instructions from the parties present in court, the order 2 passed by the Trial Court in Notice of Motion No. 595 of 2009, to appoint a Receiver in the suit property, is hereby set aside. Similarly, the order passed in Notice of Motion No. 596 of 2009, is also hereby set aside. The Plaintiffs shall withdraw the S. C. Suit No. 739 of 2008 from City Civil Court, Mumbai within ten days from today and shall be at liberty to prosecute the suit filed by him for specific performance of contract before the High Court. 2. The Appellants/Original Defendants shall not take any objection to the tenability of the suit before the High Court. 3. All the contentions of all the parties are left open to be considered by the High Court in the suit. 4. As the Appeals itself are disposed of, the Civil Application Nos. 98 of 2010 and 99 of 2010, do not survive and stand disposed of accordingly. 5. Defendants/Appellants shall also withdraw the Chamber Summons filed by them before the High Court disputing tenability of the suit. 3 6. The Plaintiff had deposited Rs. 20 lakhs before the Trial Court. He shall be at liberty to withdraw the same. 7. The Status-quo as of today, shall be continued till the disposal of the Notice of Motion in the suit filed before the High Court. (J. H. BHATIA, J.)