1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1287 OF 2008 IN SUIT NO.2832 OF 2006 Sunil Choudhary & Anr. ..Plaintiffs. V/s. Continous Stationary Pvt.Ltd. ..Defendants. Ms.P.V.Thorat i/b. V.M.Thorat for plaintiffs. Mr.Virag Tulzapurkar with Ms.Soumya Srikrishna i/b. Kanga & Co. for Defendant No.1. Mr.P.Chavan i/b.Navdeep Vora for Defendant No.2. CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J DATE : APRIL 30, 2008. DATE : APRIL 30, 2008. DATE : APRIL 30, 2008. P.C. : P.C. : P.C. : 1. Plaintiffs have taken out this Notice of Motion for the following reliefs: (b) That pending the hearing and final disposal of the suit Court Receiver of the High Court, Bombay or some other fit and proper person be appointed as a receiver of the property with all powers under Order 40 Rule I of the Code of Civil Procedure, 1908 including power to take possession of suit property. (c) That pending the hearing and final disposal of the Suit, the Defendant by himself, his servants and agents be restrained by an order and injunction of this Hon’ble Court in any manner whatsoever from transferring, selling, disposing off, alienating creating any third party rights in respect thereof suit property or any part. 2 (d) pending the hearing and final disposal of the Suit, the Defendant No.2 may be directed to withdraw the permission to sublet the suit property. (e) Pending the hearing and final disposal of the suit, the Defendant No.1 be directed not to make any third party interest in the suit property. (f) Pending the hearing and final disposal of Suit, the Defendant No.1 be restrained to carry out any renovation and/or alteration and/or addition and/or demolition inclusive of any structural changes on the suit property and/or structures existing on the said suit property." 2. At the outset, the learned Counsel for defendant No.1 submits that they have already inducted third party in the suit premises by entering into a leave and license agreement, as stated by them in the reply affidavit and, therefore, the aforementioned prayers in the motion have become infructuous. He further states that neither defendant No.1 nor their licensee shall carry out any alteration or renovation and/or demolition in the suit premises without permission of defendant No.2. The statement is accepted. 3. In view of the statement made by the Counsel for defendant No.1, in my opinion, nothing survives in this Notice of Motion. Hence the Notice of Motion disposed of. 3 4. It is open for the Plaintiffs to take out appropriate proceedings and to seek appropriate reliefs, if so advised, against the third party and defendant No.1. (D.B.BHOSALE,J) (D.B.BHOSALE,J) (D.B.BHOSALE,J)