1 NMS.576/07-S.217/07 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 576 OF 2007 IN SUIT NO. 217 OF 2007 Zahir Alam Khan @ Seth ...Plaintiff Vs. Nasim Banu Ansari & Ors. ...Defendants Ms. Manorama Mohanty i/b. S.K. Srivastav & Co., for Plaintiff None for Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST NOVEMBER, 2011 P.C. : 1. This Notice of Motion is for appointment of Court Receiver and for grant of usual injunctions as also for the mandatory order of injunction directing Defendants 1 to 5 to handover possession of the suit shops to the Plaintiff. 2. An ad-interim order came to be passed on 18th October 2006 in terms of prayer clause (c) of the Notice of Motion granting the injunction against the Defendants from selling, alienating, encumbering, parting with possession, transferring or creating any 3rd party rights in the suit premises pending the Suit. 3. Despite the order of injunction the possession of the suit premises was parted with in favour of Defendants 6 to 10 who have now been brought on record. 2 NMS.576/07-S.217/07 4. The Commissioner came to be appointed under order dated 6th October 2009. 3rd parties were found in possession. Consequently, the Court Receiver was appointed to take possession of the suit premises, but not to dispossess any 3rd party including the parties to the suit found to be in possession. The Court Receiver was directed to appoint the party in possession as his agent, but without security or royalty. The 3rd party was directed to deposit with the Court Receiver the compensation payable to Defendant No.1. 5. The Court Receiver has made certain report. It is for the Plaintiff to pursue with the Court Receiver to have the order dated 21st November 2009 complied. No further orders are necessary. In fact under the order dated 21st November 2009 full relief is granted to the Plaintiff. 6. The Court Receiver shall comply with the order dated 21st November 2009 and report compliance to the Court. If the Court Receiver finds any 3rd party in possession in any part of the suit premises, the Court Receiver shall ascertain the rent/compensation payable by such 3rd party to Defendant No.1 and recover the same from such 3rd party from the date of the order i.e. 21st November 2009. If such 3rd party does not pay such compensation as already directed to the Court Receiver, the Court Receiver shall take proceedings for recovering possession from such 3rd party. 7. The Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)