1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3568 OF 2009 IN SUIT NO. 1139 OF 2008 Jeevan Niwas Co-op. Hsng. Soc. Ltd. & Anr. ...Plaintiffs Vs. Bhupender K. Pamnani ...Defendant Mr. Sachin Dhakephalkar, Advocate for Plaintiffs Mr. A.L. Gore, Advocate for Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST JUNE, 2010 P.C. : 1. The Defendant is an illegal occupant in certain parts of the Plaintiff Society for which the Plaintiffs require certain reliefs to be passed to abate the nuisance upon his illegal occupation. 2. The Defendant was the original landlord of the land on which the building has been constructed. He was a partner of one Jeevan Development Corporation which developed and constructed the Suit building. The Defendant is statutorily required through his partnership firm to convey the land along with the building and all the compulsory open spaces, common 2 areas, terrace etc. to the Society which is formed upon the development of the building. A decree has been obtained by the Plaintiff Society in that behalf. That decree is stated to be obtained Ex-parte, but has not been set aside. An appeal is filed against that decree by the Defendant as a partner of the partnership firm which was directed to convey the land along with the building and its compulsory open spaces, terrace etc. to the Society. No stay of the decree is obtained in the Appeal. 3. The Defendant was in occupation of 2 flats of the Society consequent upon certain agreement of the Defendant for development. Upon certain defaults made by the Defendant he has been directed to vacate those flats. Consequent upon the Defendant being allotted 2 flats in the Plaintiff Society he was also allotted a garage. The Defendant has not shown any separate agreement for the garage. After the Court Receiver was appointed in respect of the Suit flat both flats have been sealed. The garage is however in the occupation of the Defendant. 4. Upon the flats being sealed, the Defendant removed certain articles. He has kept those articles in the common areas of the building including on the land appurtenant to the building. The Society alleges that he creates nuisance and accordingly sued the Defendant for abatement of the nuisance. An order came to be passed in the initial Notice of Motion of the Plaintiff Society bearing No.1406/2008 inter alia restraining the Defendant from creating nuisance, eating, drinking, bathing, sleeping and keeping furniture and articles in the corridor and open space of the first Plaintiffs Society building. The Defendant failed to obey. Hence this Notice of 3 Motion is taken out for appointment of Court Receiver of the furniture and articles of the Defendant kept in the corridor and open space of the Plaintiff Society building and to remove the same therefrom. 5. The Plaintiff has applied for police protection. 6. The Defendant has not shown any legal right in respect of his illegal occupation or in respect of the furniture and articles kept by him in the corridor and open space of the first Plaintiff Society. These furniture and articles would have to be removed in compliance of the order passed in the initial Notice of Motion dated 30th July 2008. 7. The Court Receiver is appointed Receiver in respect of the furniture and articles of the Defendant lying in the corridor and open space of the first Plaintiff Society building. 8. The Court Receiver shall remove all the furniture and articles kept in the corridor and open space of the first Plaintiff Society. 9. The Plaintiffs shall arrange for storage of the articles so removed. 10. The Court Receiver shall keep the furniture and articles so removed in such storage and seal the articles. 11.The Court Receiver shall be entitled to take police assistance, if required. 4 12.The Senior Inspector of Worli Police Station shall assist the Court Receiver in implementation of this order. 13.No order as to costs. (SMT. ROSHAN DALVI, J.)