: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2839 OF 2008 IN SUIT NO.1376 OF 2002 Mahamud Appalal Magdum .. Plaintiff v/s. Rajendra Appa Jadhav and Ors. .. Defendants And Cent Bank Home Finance Ltd. & Anr. .. Respondents ......... Ms. Deepa Kamath for the plaintiff Ms. Sapana Rachure i/by T.N. Tripathi & Co. for respondent no.1 Mr. Sanjay S. Gawde for defendant no.1 ......... CORAM : R.Y.GANOO, J. DATE : 9th JUNE, 2010. P.C. : 1. By order dated 13th August, 2003 Receiver was appointed in respect of the suit flat upon plaintiff depositing in the Court a sum of Rs.1,10,000/-. The Receiver was ordered to appoint either the plaintiff or defendant no.1 or defendant no.4 as Agent of the Court Receiver on the basis of whoever pays the highest compensation or royalty. The Receiver’s Representative : 2 : visited the premises on 10th September, 2003 and the premises were found to be locked and board was found affixed on the premises showing that the suit flat is mortgaged to respondent no.1. The Court Receiver could not execute the order of taking formal possession etc. A similar visit was made on 18th August, 2004, however, possession could not be taken on that date. Thereafter, no specific proceedings were taken by the plaintiff till this notice of motion. 2. Learned advocate for respondent no.1 informs the Court that the suit flat has been sold by respondent no.1 towards the recovery of dues payable to respondent no.1. This will mean that third party has now taken possession of the flat. 3. In my view, in the absence of the said third party, namely Auction Purchaser, it will not be possible for this Court to grant reliefs in the present notice of motion, by which the plaintiff wants that the possession of the flat should be handed over to the plaintiff. : 3 : 4. In view of this, the present relief in the present notice of motion cannot be granted on the basis of record, which is before the Court. It will be open for the plaintiff to apply for appropriate reliefs by joining the said Auction Purchaser. Liberty to that extent is given. Merits of the matter are left open. Respondent no.1 is directed to supply to learned advocate for the plaintiff, the name and address of the Auction Purchaser to whom the property has been sold by respondent no.1 within a period of 3 weeks from today. Once the name of Auction Purchaser is made known to the plaintiff, it will be open to the plaintiff to take out appropriate reliefs. 5. Notice of Motion is disposed of accordingly. (R.Y. GANOO, J)