/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2897 OF 2008 IN NOTICE OF MOTION NO.2441 OF 2008 IN SUIT NO.2078 OF 2008 Vaikunthrai @ Yogendra Amratlal Bhatt ...Plaintiff Vs. Anjana Kanaiyalal Bhatt & Ors. ...Defendants ---- Mr. Sanjay Jain with Ashok Purohit i/b. Zohair & Co. for Plaintiff Mr.Chetan Patil for Defendant No.1 Rajesh Joshi, Constituted Attorney present of Defendant No.2 Mr. P.M. Shah with M.K. Bhatt for Defendant Nos.3 and 4 Mr. D.V. Devkar, 1st Asstt. to Court Receiver present in Court. CORAM: V.M. KANADE J. DATED 21ST AUGUST, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff and the learned Counsel appearing on behalf of the Defendants. By an order dated 16th July, 2008, ad-interim relief was granted in terms of prayer clause (a) except the bracketed portion. The learned Counsel for the Plaintiff thereafter, has submitted that in spite of the order passed by this Court, the physical possession of the suit property was not handed over by the / 2 / Defendants to the Court Receiver. The Plaintiff has, therefore, taken out this Notice of Motion No.2897 of 2008, in which he is seeking an ad-interim relief in terms of prayer clause (a), which reads as under: “(a) the Court Receiver, appointed as receiver of the suit property described in Exhibit “A” to the plaint in pursuance of the order dated 16th July, 2008, be directed and authorized to take forcible possession of two flats on the northern side of the 2nd floor and open terrace on the third level of the suit property from the Defendants and/or their respective family members and/or any persons claiming through or under them and two garages with Police help, if so required.” It is submitted by the Counsel for the Plaintiff that pursuant to the Will, which was executed by the Plaintiff's father, the property in question was bequeathed to him and the probate was granted by the Court and the property was transferred to his name. The Defendants acknowledged these facts in their correspondence and the subsequent MOU, which was executed by the / 3 / Defendants with third parties. He submitted that, therefore, ad-interim relief in terms of prayer clause (a) of Notice of Motion 2897 of 2008 was granted. The learned Counsel for the Defendants seeks time to file a reply. He submits that he is ready to give symbolic possession of the suit properties to the Court Receiver. 2. In my view, at this stage, it would be appropriate if direction is given to the Court Receiver to take symbolic possession of the suit properties. It has to be clarified here that when the order was passed in terms of prayer clause (c) of the Notice Motion No.2441 of 2008, no order was passed by me directing the Court Receiver to dispossess the persons, who are in possession. Therefore, it cannot be said that by the said order the Court Receiver was directed to dispossess the Defendants and to take possession. The submissions of the Plaintiff shall be considered on the next date. In the meantime, the Defendants should file their reply within two weeks and the rejoinder, if any, to be filed within two weeks thereafter. The Court Receiver should take symbolic possession, prepare inventory and submit a report to this Court. / 4 / 3. Place both the Notices of Motion for hearing after six weeks. The Court Receiver should to visit the suit property forthwith at 3 O'clock. No further notice will be given to the Defendants. In view of thisw, the second Notice of Motion No.2897 of 2008 does not survive and it is disposed of accordingly. V.M. KANADE J.