: 1 : SD 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 NOTICE NOTICE OF MOTION NO.1225 OF 2009 OF MOTION NO.1225 OF 2009 OF MOTION NO.1225 OF 2009 IN IN IN SUIT SUIT SUIT NO.3993 OF 1995 NO.3993 OF 1995 NO.3993 OF 1995 Subhash Jardaprasad Tiwari ...Plaintiff V/s. Kashinath Lalta Tiwari & Ors. ...Defendants And Ayurvedic Society of Bombay . City PTR No.F906(Mumbai) ...Respondents Mr.Ram Apte, Sr. Counsel, a/w. Mr.N.R. Bubna for the Plaintiff. . Mr.Samji Joseph i/b. S.K.T. Thomas for the Defendants. . Mr.M.V. Limaye for Respondent in Notice of Motion No.1225 of 2009. . Mr.D.G. Dhanure i/b. M.V. Kini & Co. for Respondent (BEST). CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 2ND APRIL, 2009. : 2ND APRIL, 2009. : 2ND APRIL, 2009. P.C.: P.C.: P.C.: At At At 11:00 a.m.: 11:00 a.m.: 11:00 a.m.: 1. None present for the Plaintiffs. Shri Joseph appears for the Defendants. 2. Application for ad-interim relief is not made. So, there shall be no ad-interim relief. 3. Notice of Motion shall be listed for final : 2 : hearing in due course. At At At 12:45 p.m.: 12:45 p.m.: 12:45 p.m.: . Mentioned. Heard the learned Advocate for the Plaintiff. 2. The possession and control of the parts of the suit property is mentioned in an old report dated 20th November, 1995 filed in this Court by the Court Receiver. This report shows that the Plaintiff had in his control various portions of the suit property which is described in paragraph no.7 of the report. The relevant portion of the paragraph no.7 is quoted below : "7. According to the said Report dated 17th November, 1995 submitted by the representative of the Court Receiver in respect of his visit made on 16th November, 1995, the possession of ground floor entrance passage is lying with Plaintiff; possession of 1st floor west side room as also the middle cabin which is erected recently, is with Defendant No.2; possession of eastern side office premises which is renovated recently is lying with Defendant No.2 and M/s.Bombay Shipping Services-third parties; possession of entire 2nd floor is lying with Defendants and their family members as also possession of 3rd floor premises is lying with Mr.Subhash Jarda Tiwari-nephew of Plaintiff and his family members alongwith the Plaintiff. The possession of the godown premises in Building No.30-A and part of : 3 : Building No.30-B is lying with Plaintiff only. The possession of shop premises being No.8/C situated in Sharada Sadan is lying with Plaintiff except separate portion adm. about 7’ x 6’ which is being occupied by the Defendant No.1. The copy of the detailed report dated 17th November, 1995 submitted by the representative of the Court Receiver is annexed hereto and marked as Ex."B"." 3. No party should be allowed to change this position of the property until an express order is passed. Admittedly, the Defendants have not obtained such order, but they tried to change this position by putting a lock on the common entrance on the ground floor. Either the Defendants should hand over a spare key of the lock to the Plaintiff or the lock should be removed. 4. I think at this stage, there is no need to remove the lock but the purpose of the Plaintiff would be served if the Defendants are directed to hand over a spare key of the lock put on the common entrance on the ground floor to the Plaintiff. In case the key is not handed over to the Plaintiff within 24 hours from now, the Plaintiff shall have liberty to break the lock, if necessary with the help of the police. 5. In view of the above, this Notice of Motion : 4 : stands disposed of. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]