1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.324 OF 2007 MOTION NO.324 OF 2007 MOTION NO.324 OF 2007 inin in SUIT SUIT SUIT NO.2926 NO.2926 NO.2926 OF 2004 OF 2004 OF 2004 Nirmaladevi Nirmaladevi Nirmaladevi w/o w/o w/o Ram Lakhan Yadav .. Plaintiff Ram Lakhan Yadav .. Plaintiff Ram Lakhan Yadav .. Plaintiff vs vs vs Indrasen Indrasen Indrasen s/o Mukhlal Yadav & anr..Defendants s/o Mukhlal Yadav & anr..Defendants s/o Mukhlal Yadav & anr..Defendants None None None for for for Plaintiff Plaintiff Plaintiff Ms.Anita Ms.Anita Ms.Anita Bhaktwani for Defendant no.4 Bhaktwani for Defendant no.4 Bhaktwani for Defendant no.4 CORAM CORAM CORAM : : : S.J.Vazifdar, J S.J.Vazifdar, J S.J.Vazifdar, J DATED DATED DATED : : : 28th February, 2008 28th February, 2008 28th February, 2008 P.C. P.C. P.C. 1.1.1. The suit is for administration of the estate of The suit is for administration of the estate of The suit is for administration of the estate of the the the deceased father of the parties. The parties deceased father of the parties. The parties deceased father of the parties. The parties are are are brothers and sisters. brothers and sisters. brothers and sisters. 2.2.2. The Notice of Motion is taken out by the The Notice of Motion is taken out by the The Notice of Motion is taken out by the defendant defendant defendant no. 4 for an order directing the no. 4 for an order directing the no. 4 for an order directing the defendant defendant defendant no. 1 to collect and deposit the rent no. 1 to collect and deposit the rent no. 1 to collect and deposit the rent money, money, money, charges and other income derived from the charges and other income derived from the charges and other income derived from the suit suit suit properties in this Court. In prayer clause properties in this Court. In prayer clause properties in this Court. In prayer clause (b) (b) (b) defendant no. 4 has sought the appointment of defendant no. 4 has sought the appointment of defendant no. 4 has sought the appointment of Court Court Court Receiver. Receiver. Receiver. 3.3.3. An earlier Notice of Motion being Notice of An earlier Notice of Motion being Notice of An earlier Notice of Motion being Notice of Motion Motion Motion No.3098 of 2004 was made absolute in terms No.3098 of 2004 was made absolute in terms No.3098 of 2004 was made absolute in terms of of of prayer (b) thereof whereby the defendants were prayer (b) thereof whereby the defendants were prayer (b) thereof whereby the defendants were restrained restrained restrained from from from alienating, parting with possession alienating, parting with possession alienating, parting with possession of of of or creating any new tenancy or accepting or creating any new tenancy or accepting or creating any new tenancy or accepting surrender surrender surrender of any tenancy qua the suit properties. of any tenancy qua the suit properties. of any tenancy qua the suit properties. 2 4.4.4. The defendant no. 4 in para 3 of the affidavit The defendant no. 4 in para 3 of the affidavit The defendant no. 4 in para 3 of the affidavit inin in support of the present Notice of Motion has support of the present Notice of Motion has support of the present Notice of Motion has specifically specifically specifically alleged transfer of various tenancies alleged transfer of various tenancies alleged transfer of various tenancies inin in respect respect respect of the suit property. The defendant no. of the suit property. The defendant no. of the suit property. The defendant no. 4 has also expressed an apprehension of further has also expressed an apprehension of further has also expressed an apprehension of further tenancies tenancies tenancies being transferred. being transferred. being transferred. 5.5.5. By an ad interim order dated 20th April, 2007 By an ad interim order dated 20th April, 2007 By an ad interim order dated 20th April, 2007 the the the defendant no. 1 was directed to collect and defendant no. 1 was directed to collect and defendant no. 1 was directed to collect and deposit deposit deposit all the rents, money, charges and other all the rents, money, charges and other all the rents, money, charges and other income income income derived from the properties. It is derived from the properties. It is derived from the properties. It is contended contended contended that even this order has not been that even this order has not been that even this order has not been complied complied complied with. with. with. 6.6.6. There is no affidavit in reply. The plaintiff There is no affidavit in reply. The plaintiff There is no affidavit in reply. The plaintiff and and and other defendants are absent. other defendants are absent. other defendants are absent. 7.7.7. In the circumstances, Notice of Motion is made In the circumstances, Notice of Motion is made In the circumstances, Notice of Motion is made absolute absolute absolute in terms of prayer clauses (a) and (b). in terms of prayer clauses (a) and (b). in terms of prayer clauses (a) and (b). 3