spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4881 OF 2007 NOTICE OF MOTION NO. 4881 OF 2007 NOTICE OF MOTION NO. 4881 OF 2007 IN IN IN SUIT NO. 3511 OF 2007 SUIT NO. 3511 OF 2007 SUIT NO. 3511 OF 2007 Parasnath Devraj Yadav .. Plaintiff. V/s. Domnik Thomas Nunis & Ors. .. Defendants. --- Mr.N.K.Singh i/by Mr.M.P.Vashi for the plaintiff. Mr.Ram Singh for the Defendants. --- CORAM : D.G.KARNIK,J. CORAM : D.G.KARNIK,J. CORAM : D.G.KARNIK,J. DATE : 16TH JUNE 2008 DATE : 16TH JUNE 2008 DATE : 16TH JUNE 2008 P.C. P.C. P.C.: . Heard. By this motion, the plaintiff seeks relief of appointment of a court receiver and in the alternative an order of injunction, restraining the defendants from parting with the possession of the suit property. 2. The suit relates to a piece of land bearing CTS Nos. 2784 and 2778 alongwith five structures standing thereon. The suit is filed under section 6 of the Specific Reliefs Act for restoration of possession of the suit premises. On my query to the plaintiff’s - 2 - counsel to point out anything on record which shows that the plaintiff was in possession of the suit premises within six months prior to the date of institution of the suit, the learned counsel for the plaintiff submitted that he is unable to point out any document or material on record to show prior possession of the plaintiff within six months immediately preceding the suit. 3. I have also perused the affidavit in support of the motion. In the affidavit it is stated that the plaintiff has been forcibly dispossessed on 4th of November, 2007 at 5.00 p.m.. Thereafter, request is made for appointment of the Court receiver as a receiver without mentioning anything more or without setting out any grounds for the appointment of a receiver. In the circumstances, in the absence of any assistance from the plaintiff’s counsel to show prior possession of the plaintiff within six months prior to the date of the institution of the suit as also without any grounds for the appointment of a receiver being set out, I am unable to grant the relief, either of an appointment of court receiver or an injunction. Hence, the motion is dismissed. (D.G. KARNIK, J.) - 3 - .....