1 14-caf.691.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 691 OF 2010 IN FIRST APPEAL NO. 254 OF 2010 Popatlal C. Jain. ... Applicant Versus Smt. Pushpa A. Jain (Kothari) and another. ... Respondents ----- Mr. M.S.Mhaispurkar i/b Ms Vaidehi Mhaispurkar for the Applicant. Ms Neeta Karnik for Respondent No.1. ----- CORAM : A.S.OKA, J. DATE : 27 th July, 2011. P.C. . Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent No.1. 2 Reply of the Respondent No.1 is taken on record. In paragraph No.7 of the reply, the Respondent No.1 stated thus: “7. With respect to para 12, 13, & 14 of the civil application, I deny that the applicant has good case on merits and that court receiver needs to be appointed w.r.t. the suit property. I state that I am residing in the said suit property with my family and have no intention of selling the same.” 2 14-caf.691.10 3 Thus, there is a categorical statement that the Respondent No.1 does not desire to create any third party rights in respect of the suit property. The statement made in paragraph No.7 is accepted. The learned counsel appearing for the Applicant states that he is not pressing prayer clause (c) at this stage. Prayer clause (b) is a drastic prayer for appointment of Court Receiver in respect of the suit premises. The prayer of the Applicant for specific performance of agreement for sale has been already dismissed. Hence, the said relief cannot be granted. 4 The statement made by the Respondent No.1 in paragraph No.7 of the affidavit is accepted. Hence, no relief is granted in terms of prayer clause (a). In the event, the Respondent No.1 intends to transfer or create third party rights in respect of the suit premises, the Respondent No.1 shall give advance notice of one month to the Applicant and to his Advocate. After receipt of the notice, it will be open for the Applicant to file fresh application for grant of appropriate interim relief. The prayer clause (b) is rejected. The prayer clause (c) is not pressed at this stage. Application is disposed of on above terms. [ A.S.OKA, J ]