gopi 1 app-log.491-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO.491 OF 2011 IN NOTICE OF MOTION NO. OF 2011 IN SUIT LODGING NO.797 OF 2011 Mehandi Hussain Akbarali Nulwala..Appellant Versus Akhil Fidahussain Junagadhwala ..Respondent Mr. Sanjiv A. Sawant i/b. B.K. Barve & Co., for the Appellant Mr. Pramod Bhosale i/b. Ms. Kavita Shinde, for the respondent. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 2 August 2011 PC: This Appeal is directed against the orders dated 22 June 2011 and 8 July 2011 of the learned trial Judge of this Court appointing Court Receiver in respect of the suit premises. The learned trial Judge has, while passing the order for appointment of Court Receiver, clarified that the Court Receiver shall only take formal possession and appoint the defendant as his agent, but without security or royalty, at this stage. 2. In view of the above and in view of the fact that the Notice of Motion No.146 of 2011 filed by the present respondent (defendant in Civil Suit No.1187 of 2010) is pending before the City Civil Court, Mumbai, we are of the view that the City Civil Court shall decide the Notice of Motion No.146 of 2011 as expeditiously as possible and in any case within four weeks from today. gopi 2 app-log.491-11.sxw 3. In the meantime while we do not grant any stay against the operation and implementation of the impugned orders dated 22 June 2011 and 8 July 2011 passed by the learned trial Judge of this Court, we direct that the Court Receiver shall not display his board indicating that he is in possession of the suit premises. This direction is given in view of the undertaking being given by the learned Counsel for the appellant- plaintiff before the City Civil Court that the appellant and all other adult members of his family will file an undertaking before this Court within one week from today stating that they are in possession of the suit premises and that they will not part with possession of the suit premises or any part thereof or create any third party interest in the suit premises till further orders and subject to further orders which may be passed in the suit in any proceeding as indicated in para.5 hereinafter. 4. It is clarified that this order is passed without going into the controversy between the parties and the City Civil Court will decide the Notice of Motion in accordance with law without being influenced by the order of the trial Court or of this Court. All contentions are kept open. 5. After the City Civil Court passes orders on the Notice of Motion No.146 of 2011 either of the parties will be at liberty to move the learned trial Judge for modification of the impugned orders. It also goes without saying that either of the parties will be at liberty to file appropriate proceedings before this Court if any order adverse to them is passed by the City Civil Court. 6. The appeal is disposed of in the aforesaid terms. gopi 3 app-log.491-11.sxw 7. As regards the contention of the respondent herein (defendant in the City Civil Court Suit) that his goods lying in the suit premises, it will be open to the respondent herein to take out appropriate application before the City Civil Court. CHIEF JUSTICE GIRISH S. GODBOLE, J.