: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2490 OF 2008 IN SUIT NO.1135 OF 1989 Mrs.Li Yung Hseish C/o. Shin Ming Haung ..Plaintiff. Vs. Mr.C.L.Hseish ..Defendant. And 1. Mrs.Ailien (alias alice) Hsiesh wd/o. Mr.C.L. Hseish, the Deft. abovenamed & Ors. ..Applicants. Mr.A.D. Kango for the Plaintiff. Mrs.Jyoti N. Shah for Defendants. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 28TH JULY, 2008 DATED : 28TH JULY, 2008 DATED : 28TH JULY, 2008 P.C. : P.C. : P.C. : The main cause of action is that the Defendant is but a gratuitous licensee. The suit is therefore not maintainable in this Court. 2. In the circumstances, Notice of Motion is made absolute in terms of prayer (a). The Court Receiver shall continue for a period of eight weeks from today. 3. Needless to say that the discharge of the Court Receiver will not by itself affect the possession of : 2 : the Defendants, who were residing therein even prior to the appointment of the Court Receiver. The nature of the occupation is in dispute. It is however not necessary to make any observations regarding this dispute in view of the plaint being returned for presentation to the appropriate Court. 4. The possession of the heirs/newly added Defendants will not be interfered with except by due process of law. ***