*1* nms.1770.2064.10 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1770 OF 2009 IN SUIT NO.1185 OF 2009 Fazal Rashid Shaikh. ..Plaintiff -Versus- Mohamed Adil Rashid Shaikh and others. ..Defendants .......... Ms.Varsha Palav, for the Plaintiff. None for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th October, 2010. P.C. 1 Heard Ms.Palav, learned counsel appearing on behalf of the Plaintiff. The Defendant Nos.1 to 5, according to the office report, are served by substituted service. None appears on their behalf. 2 The Defendant No.6 is a Co-operative Housing Society which owns a building in which the suit property more particularly described in Annexure-K to the plaint is located. In other words, it is a flat in the Co- operative Housing Society bearing No.304 admeasuring 825 square feet built up area situated at Andheri. The Plaintiff claims 2/9th share in the said property which is said to be the estate of her late mother. There is dispute between the Defendant Nos.1 to 5 but Ms.Palav states that the additional affidavit filed by the constituted attorney of the Plaintiff discloses that the Defendant No.1 during the pendency of this suit has inducted one Rajeev Sharma in the suit flat under leave and licence agreement and the said Rajeev Sharma stated that he would be vacating *2* nms.1770.2064.10 the suit premises on 30.11.2009. Ms.Palav states that the Plaintiff could not confirm as to whether the licencee has vacated the suit premises. Ms.Palav, therefore, urges that considering un-controverted averments, this is a fit case where the Court Receiver of the Bombay High Court is required to be appointed as a Receiver of the suit flat. 3 Having heard Ms.Palav at some length and perusing with her assistance the annexures to the plaint, I am of the opinion that at this stage the interest of justice would be served if this Notice of Motion is made absolute in terms of prayer clause (a) and (c). Order accordingly. Liberty to apply for reliefs in terms of prayer clause (b) at subsequent stage. The Defendants should file their affidavit in terms of prayer clause (a) within six weeks from today. 4 Notice of Motion is, accordingly, disposed of. (S.C. Dharmadhikari, J) *3* nms.1770.2064.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2064 OF 2010 IN SUIT NO.1185 OF 2009 Fazal Rashid Shaikh. ..Plaintiff -Versus- Mohamed Adil Rashid Shaikh and others. ..Defendants .......... Ms.Varsha Palav, for the Plaintiff. None for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th October, 2010. P.C. 1 In the light of the order passed today in Notice of Motion No. 1770/2009, at this stage, no orders can be passed in this Notice of Motion No.2064/2010. The Registry to fix a date to file the Written Statement by issuing the summons and if no Written Statement is filed on behalf of the Defendant Nos.1 to 5, it will be open for the Plaintiff to seek a decree against them. 2 Notice of Motion is, accordingly, disposed of. (S.C. Dharmadhikari, J)