1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4051 OF 2009 IN SUIT NO.2957 OF 2009 Suhas V. Munagekar .. Plaintiff Vs. Savita P. Pandya and Ors. .. Defendants Mr.Vishal Kanade a/w Mr.Sanjay Gawde for the plaintiff Mr.Chirag Shah a/w Mr.Jitendra J. Shah for the defendant nos.1 to 7 and 9 Mr.Atul Damle for defendant nos. 8A and 8B CORAM : S.C.Dharmadhikari, J. DATE : October 12, 2010 P.C. : 1. Earlier, Mr.Damle, the learned counsel appearing on behalf of the defendant nos.8A and 8B stated that the keys of flat no.502 and 602 have been received today morning and he shall deposit the same with the Prothonotary and Senior Master / Registrar (O.S.), High Court, Bombay, of this court on or before 13.10.10. 2. For the disposal of this notice of motion, the presence of defendant no.10 is not necessary. Notice of Motion is seeking an interim relief with a view to 2 protect and preserve the subject matter of this litigation. 3. It is requested that the Court Receiver be appointed as Receiver in respect of the suit property being flat no.103 admeasuring 500 sq.ft. on the first floor and 502 and 602, each admeasuring 225 sq.ft. carpet area situated on the 5th and 6th floor of the building which is stilt + 6 floors more particularly described in prayer clause (a) of the Notice of Motion. 4. The suit is filed by the plaintiffs seeking a declaration that he has 95% share as a owner in the suit property namely these three flats. He is also praying for a decree in the sum of Rs.7,07,008/- as against the defendants. He is further seeking a mandatory order and injunction directing defendant no.8 to hand over possession of the flats mentioned hereinabove. 5. In order to ensure that the share of the plaintiffs, if any, is not defeated and bearing in mind the rival contentions, on the earlier occasions, after hearing both the sides, I had directed that the key in respect of flat no.502 and 602 be deposited in this court. Accordingly, it is reported now that compliance is made with the order and keys are deposited with the Prothonotary and Senior Master / Registrar (O.S.), High Court, Bombay. 6. There is a dispute between the plaintiffs and defendant nos.1 to 7 and 9 as to how the flats are to be shared and whether they have an exclusive right to deal with the subject properties or not. In such circumstances, as a first 3 measure and to ensure that the flats are ultimately available that the direction to deposit the keys has been passed. That is with consent of the parties including the defendant no.8A and 8B. 7. As far as flat no.103 is concerned, Mr.Shah, the learned counsel appearing on behalf of defendant no.1 to 7 and 9 states that in the affidavit in Sur- Rejoinder filed on 30.3.10 in para 6, it is stated by the said defendants that the flat is handed over by defendant no.8A and this flat has been transferred to these defendants to the knowledge of the plaintiffs. 8. Since there is a dispute as to whether possession of the entire portion of flat no.103 is with defendant nos.1 to 7 and 9 or not but the plaintiff admitted that possession of some portion of the flat is taken over by these defendants, interest of justice would be served if defendant no.1 to 7 and 9 are directed to deposit one set of keys in relation to this flat with the Prothonotary and Senior Master, Registrar (O.S.) High Court,Bombay who shall retain it until further orders of this court. 9. There is no dispute that the plaintiffs are claiming the share in relation to flat no.103 as well. That is clear from the prayer clause of the plaint. In such circumstances, parties are directed to maintain statusquo as prevailing today i.e. 12.10.2010 in relation to all the three flats meaning thereby that they will not induct anybody else in possession nor will they transfer or dispose of these flats in any manner until the suit is heard and disposed of. 4 10. Bearing in mind that there are only three flats, two of which are stated to be vacant and the keys are also lying with the Registry of this court, I am of the opinion that this is sufficient protection for the parties at this stage. In such circumstances, presently, it is not just and convenient to appoint a Court Receiver of these flats. 11. None of the parties appearing before me claiming any other relief or seeking any other direction and the matters in relation to all three flats having been clarified, motion is disposed of in terms aforesaid but without prejudice to the rights and contentions of the parties on merits of the claim. All contentions in that behalf are kept open. 12. Mr.Shah at this stage requests that the age of defendant no.1 is 81 years and therefore, the hearing of the suit may be expedited. Bearing in mind this request and since the written statement of defendant no.1 to 7 and 9 is already filed, hearing of the suit is expedited. Written statement of other defendants be filed within a period of three weeks from today. List this matter for framing of issues on 29.11.2010. ( S.C.Dharmadhikari, J. )