/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2499 OF 2008 IN SUIT NO. 264 OF 2007 M/s. O.P. Enterprises ...Plaintiffs vs. Anand Anant Patil & Ors. ...Defendants --- Mr. S.U. Kamdar, H.N. Thakore i/b. M/s. Thakore Jariwala & Associates for Plaintiffs. Mr.M.Kalamkar for Defendant Nos.1 to 5 ---- CORAM: V.M. KANADE J. DATED JULY 29, 2008 P.C. 1. Heard the Learned Counsel appearing on behalf of the Plaintiffs and Defendant Nos. 1 to 5. None appears on behalf of the Defendant Nos.6 to 8, though they have been served. By this Notice of Motion, the Plaitniffs are seeking an additional ad-interim order for appointment of Court Receiver. The Plaintiffs have filed the suit for specific performance of the agrement dated 13th April, 1993. The Plaintiffs had taken out the Notice of Motion being Notice of Motion No.409 of 2007. In the said motion, initially an ad-interim relief was granted in terms of prayer clause (b) and the Defendants were directed not to create any third party rights in respect of the suit property. The Defendants in fact, had given an undertaking that they would not create any third party rights. An ad-interim relief was confirmed by an order passed by / 2 / this Hon'ble Court dated 11th April, 2007 and Notice of Motion was disposed of. 2. Thereafter, second Notice of Motion was taken out by the Plaintiffs. It is alleged that the third parties are trying to encroach on the said property and constructing hutments. It is submitted that, therefore, it is necessary that the Court Receiver be appointed to take symbolic possession of the property in order to ensure that the property is not wasted. The learned Counsel for the Plaintiffs has invited my attention to the photographs in respect of the said property, which have been taken on 4.7.2008. Photographs clearly indicate that some structures have been constructed on the said property. In view of this matter, it will be appropriate if the property is protected by appointment of Court Receiver. The Court Receiver shall take symbolic possession of the suit proeprty and prepare an inventory and submit a report to this Court within 4 weeks from today. 3. Motion is accordingly disposed of in the above terms. It is clarified that the Court Receiver shall not disturb the possession of the Defendant Nos.1 to 5. V.M. KANADE J. / 3 /