pvr 1 a17-11 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.17 OF 2011 IN NOTICE OF MOTION NO.____ OF 2010 IN SUIT (L) NO.3208 OF 2010 1.All Hussain Mohamedbhai Calcuttawala. ...Appellant vs. 1.Freny Kersap Kolah & Ors. ...Respondents --- Mr.Kevic Setelwad with Mr.Pooniwale i/b. Ivor Peter D Cruz, for Appellant. Dr.Milind Sathe, Sr.Advocate with Mr.Vivek Kantawala, Mohd. Aslam Bastivi i/b. M/s.Harilal Thakar & Co., for Respondent no.1. --- CORAM: D.K.DESHMUKH & ANOOP V.MOHTA, JJ. DATED: 22nd March,2011 P.C.: By consent of parties, the appeal is disposed pvr 2 a17-11 of in the following terms:- 1. We have been informed that the Receiver who has been appointed by order dated 29.11.2010 is presently in possession of the suit flat. The Receiver will continue to be in possession of the suit flat till the notice of motion on which order dated 29.11.2010 has been passed, is finally heard and disposed of by the learned Single Judge. The interim order passed in this appeal which is presently operating shall continue to operate till the notice of motion is finally disposed of. 2. The learned Single Judge taking up the notice of motion for hearing, is requested to hear and dispose of the notice of motion as expeditiously as possible within a period of three months from today. 3. While deciding the notice of motion finally, the learned Single Judge shall not get pvr 3 a17-11 influenced by what is said in the order dated 29.11.2010. 4. All the contentions available to both the sides are kept open. 5. As appeal itself is disposed of, notice of motion no.53 of 2011 does not survive for consideration, it is disposed of. (D.K.DESHMUKH,J.) (ANOOP V.MOHTA,J.)