1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1573 OF 2008 IN SUIT NO.3664 OF 2004 RASHIDA YUSUF BUTLER ..PLAINTIFF VS. SAJIDA HASAN MIRZA & ORS ..DEFENDANTS Mr. S.P.Kanuga for the Plaintiff Mr. Arshad Naindaday for Defendant No.2 & 3 Mrs. Anita Bhaktwani for Defendant No.1, 4 & 5 CORAM: SMT ROSHAN DALVI, J. DATED: 12 th March, 2009 P.C.: 1. Defendants No.2 & 3 are appointed as agents of the Court Receiver. They are required to pay certain amount by way of royalty to the Court Receiver. Certain amounts are in arrears. Defendants No.2 & 3 shall make payment of all the arrears to the Court Receiver within 4 weeks from today. 2. Defendants No.2 & 3 are in possession of room No.51, 52 and two rooms on the terrace one bigger and one smaller. 2 Defendant No.2 & 3 propose to surrender room No.51 and bigger terrace room to Defendant No.5. Plaintiff, Defendants No.1, 4 & 5 have no objection. Hence the new arrangement between the parties shall be as follows: 3. Defendant No.2 & 3 shall continue in occupation of Room No.52 and the smaller terrace room. Defendant No.2 & 3 shall surrender to the Court receiver Room No.51 and the bigger terrace room. The Court Receiver shall hand over possession of the surrendered Room No.51 and the bigger terrace room to Defendant No.5. 4. Upon Defendant No.2 & 3 paying all the arrears of royalty and surrendering the aforesaid premises to the Court Receiver, the Court Receiver shall stand discharged subject to the payment of costs, charges and expenses. 5. After the discharge of the Court Receiver Defendant No.2 & 3 shall pay maintenance charges for Room No.52 and the smaller terrace room. Defendant No.5 shall pay the maintenance charges for Room No.51 and bigger terrace room. No party shall induct any third parties in any of the suit premises pending the suit without the permission of the court. 3 6. No party shall claim possession of the passage. Defendants No.2 & 3 shall be entitled to pass and re-pass from the passage. Notice of Motion is disposed of accordingly. (Smt Roshan Dalvi, J)