1 NMS.4532/06-S.3579/06 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4532 OF 2006 IN SUIT NO. 3579 OF 2006 Rajan Naik ...Plaintiff Vs. Sharad Ramrao Urankar & Ors. ...Defendants Mr. Ashok Gade for Plaintiff Mr. Ditendra Mishra for Defendants 1 to 4 CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST NOVEMBER, 2011 P.C. : 1. This Notice of Motion is for appointment of Court Receiver and grant of usual injunction against the Defendants who are the original owners of the property which is reconstructed by MHADA. The Notice of Motion has been taken out in 2006. Affidavit in reply is yet not filed. 2. The Plaintiff has shown Consent Terms entered into by the Defendants as the original owners with the original occupant of the suit premises on 20th December 2002 in RAE & R Suit No. 876/1775/1996 in the Small Causes Court, Bombay. Under that Consent Terms the party in occupation was to handover possession of the newly constructed premises to the landlords or their sister concern M/s. Tanushree Enterprises. 2 NMS.4532/06-S.3579/06 3. The Plaintiff is the sole proprietor of M/s. Tanushree Enterprises and properties. Despite this Consent Terms the Defendants took possession of the newly constructed premises under their Consent Terms which is stated to be forged and fabricated. That Consent Terms shown to be in the same suit, shows the agreement between the occupant and the Defendants herein required to MHADA handing over possession of the newly constructed premises only to the Defendants. It is the Plaintiff’s case that Defendants got into possession upon such fabricated Consent Terms. 4. The Plaintiff has sued for recovery of the possession. Pending the suit the property is required to be protected. The Defendants or their servants or their agents are injuncted from dealing with, disposing off, alienating, encumbering, parting with possession, transferring or creating any 3rd party rights in the suit premises pending the Suit. 5. Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)