1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 794 OF 2008 IN SUIT NO. 192 OF 2008 Baliram Balkrishna Pansare ...Plaintiff vs. Devdas Krishnakant Pansare & Ors. ...Defendants Mr.Uttangale for the Plaintiff. Mr.Devdas Pansare  Defendant No.1 present in person. Mr.Rajesh Datar for Defendant No.7. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 22, 2009 P.C. :- 1 Heard Counsel for the plaintiff and Counsel for defendant no.7, 2 The plaintiff has filed affidavit of service. It is taken on record. None appears on behalf of the defendants no.1 to 6, 8 and 9. The 2 plaintiff is seeking the following reliefs :- a) that pending the hearing and final disposal of the suit, the Court Receiver, High Court, Bombay be appointed Receiver of the suit properties described in Exhibit B to the Plaint with all powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908; b) that pending the hearing and final disposal of the suit, the Defendants, their agents, servants or any other persons claiming through or under them be restrained by a mandatory order and injunction of the Hon ble Court from in any manner developing, disposing of, alienating, creating fresh tenancies, encumbering and/or creating any third party interest in respect of the properties more particularly described in Exhibit B to the Plaint in any manner whatsoever; c) ad-interim and interim reliefs in terms of prayers (a) and (b); d) costs of the Notice of Motion be provided; e) such further and other orders be passed and directions be given and reliefs be granted in the interest of justice and equity. 3 3 It is submitted that most of the properties are tenanted properties and the defendant no.1 is transferring the tenancies in respect of the said properties and creating third party rights. The plaintiff admittedly has 50% share in the said property. 4 Counsel for the plaintiff submits that the Court Receiver may be appointed for the purpose of collecting rent and from preventing defendants from creating any third party rights and transferring the tenancy. 5 In my view, no case is made out for appointment of Court Receiver. Prima facie, it appears that the plaintiff and defendants have share in the suit property. The interest of the plaintiff can be protected by granting prayer clause (b). 6 Hence, Notice of Motion is allowed in terms 4 of prayer clause (b) and is, accordingly, disposed of. 7 Liberty is granted to the parties to apply. Liberty is granted to the plaintiff to take out Notice of Motion seeking disclosure of information from defendant no.1. (V.M. KANADE, J.)