FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1354 OF 2007 IN NOTICE OF MOTION NO.550 OF 2006 IN SUIT NO.363 OF 2006 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr A.J.Almeida i/b R.R.Mishra, for the plaintiff. Mr A.S.Khandepark i/b Vidya Bandekar, for defendant no.2. CORAM: D.B.Bhosale,J. DATED: 2nd July, 2008. P.C.: Heard learned counsel for the parties. Mr Khandeparkar, learned counsel for the defendants, prays for withdrawal of this Motion by keeping an issue of identity of the suit property (Gala No.34 (Part) open. He submits that, according to defendant no.2, the unit (Gala) in possession of the defendant is Gala no.87, situated at CTS No.109, Village Saki, admeasuring 20’ x 40’, whereas number of the suit unit (Gala) is no.34 (part). Keeping the issue of identity of the suit property open, the defendants are allowed to withdraw the Motion. It is open for the defendant to take out appropriate proceedings for appropriate reliefs including waiver of royalty to the Court Receiver. The Court Receiver to take symbolic possession as per the order dated 10.10.2006 passed by this court in Notice of Motion No.550 of 2006 in Suit No.363 of 2006. All contentions of the parties including the defendants’ contention about his rights in the property are kept open. The Motion is disposed of as withdrawn. The Receiver to comply with the order dated 10.10.2006 within a period of four weeks from today. While giving symbolic possession, defendant no.2 to mention the Gala number, if the Court Receiver insists, as Gala no.34 without prejudice to their contention that Gala in their possession is not Gala no. 34. (D.B.Bhosale, J.)