1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1449 OF 2007 IN SUIT NO.1142 OF 2007 Meena Jivatram Pursanani and anr. ..... Plaintiffs. V/s Anamika Real Estate Pvt. Ltd. & Ors. .... Defendants. Ms. Shilpa Kapil for plaintiffs. None appears on behalf of defendant Nos. 1 and 2. CORAM: V. M. KANADE, J. DATE : 5TH JANUARY, 2010 P.C.:- 1. Heard the learned Counsel appearing on behalf of plaintiffs. None appears on behalf of defendant Nos. 1 and 2. 2. By an order dated 24/4/2007, this Court has recorded statement of the Counsel for defendants that defendants shall maintain status quo with regard to the suit property. This order was continued. Thereafter, reply had been filed by defendants wherein they have stated that they had created third party rights in respect of the suit property. 2 Plaintiffs, therefore, amended the suit and the Notice of Motion, after obtaining leave of this Court. Plaintiffs are now seeking an order of appointment of Court Receiver in respect of the suit flat and for an order of injunction restraining Defendant Nos. 1 to 4 from creating any further third party rights in respect of the suit property. It is submitted that a suit has been filed by a Co-operative Society and, in the said suit, consent terms were filed and it was stated therein that after construction of the building, the suit property would stand transferred in the name of the Society. It is, therefore, submitted that this is a fit case where Court Receiver may be appointed in respect of the suit flat. 3. It is obvious that defendant Nos. 1 to 4 have committed breach of the order passed by this Court on 24/04/2007. Though a solemn assurance was given by the Counsel appearing on behalf of defendant Nos. 1 to 4 that they would maintain status quo in respect of the suit property, they have created third party rights by filing consent terms in the City Civil Court. Under these circumstances, therefore, it will be appropriate if the Court Receiver is appointed for the purpose of protecting the said suit property viz. Flat No.903, situated on 9th Floor in “A” Wing at Benzer Tower, 2nd Floor, Near Sanskruti Enclave, 90 D.P. Road, behind Hakoba Ind. Borivali (E), Mumbai 400 101. 4. Notice of Motion is therefore allowed in terms of prayer clauses (cc) and (ccc). It is, however, clarified that the Court 3 Receiver shall take symbolic possession of the suit property in the event the said flat is occupied by any other person. Court Receiver shall submit his report within four weeks. 5. Notice of Motion is disposed of. (V.M. KANADE, J.)