IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 245 OF 2008 ALONGWITH NOTICE OF MOTION NO. 246 OF 2008 IN SUIT NO. 54 OF 1997 Babubhai Jeshankar Trivedi ... Plaintiff. Vs. Smt. Sushma Virendra Pal Varma ... Defendant. And. Shri Gealgeo V. Alankara ... Applicant. Mr. Shama Teneja and Rubia Taneja for applicant. Mr. R.D.Suvarna for plaintiff. None for Defendant. CORAM : A.A.SAYED, J. DATE : September 17, 2009. P.C. 1. This order will dispose of both the above Notices of Motion. 2. The above two Notices of Motion are taken out by the Applicants, inter alia seeking discharge of the Court Receiver, in respect of flat Nos. 604 & 605 respectively on the 6th floor of Building No.3 of suit property and to restore possession of the said two flats to the applicant without passing accounts. The Court Receiver was appointed inter alia in respect of the said building No.3 vide order dated 18.10.2002 in Notice of Motion No. 161 of 2007 and a bunch of other Notice of Motions taken out in the above suit. 3. The learned Counsel for the plaintiff states that he has no objection if the prayer in both the Notices of Motion are granted without prejudice to the rights and contentions of the plaintiff. 4. The learned Counsel for the applicant as well as plaintiff have pointed out Exhibit-B to the Notice of Motion, which is the order, dated 14th September, 2005 passed by this Court in a Similar Notice of Motion, being Notice of Motion No. 2417 of 2007, which was taken out by another applicant in the above suit, wherein similar reliefs were sought and the court had granted reliefs. 5. In the circumstances, both the Notices of Motion are made absolute in terms of prayer clause (a) without prejudice to the rights and contentions of the plaintiff in the suit. 6. Both Notices of Motion to stand disposed of accordingly. [A.A.SAYED, J.]