1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2363 OF 2008 IN SUIT NO.665 OF 2005. Ramesh Kanji Ganatra : Plaintiff. Versus Indu Pratapsingh Ganatra : Defendant. Ms.Sunanda Kumbhat for the Plaintiff. Mr.Birendra Saraf with Mr.Virendra Kanojia for the Defendant. CORAM : R.M.SAVANT, J DATED : DECEMBER 18, 2008 P.C. 1. The above Notice of Motion has been filed by the Plaintiff for appointment of a Receiver and for payment of damages amounting to Rs.3,20,000/- at the rate of Rs.10,000/- per month from 22nd June 2002 to 22nd February 2005. The Plaintiff is the brother in law of the Defendant. The husband of the Defendant died some time in the year 2003. The suit filed by the Plaintiff is in respect of Flat No.304 on the 3rd floor in Sneh Parag Cooperative Housing Society. The Plaintiff relies upon a Receipt dated 14/6/1999 (Exhibit-F) issued 2 by the said Society in the joint name of the Plaintiff and the Defendant. The said receipt is for the payment of Rs.2,29,250/- towards the purchase of the flat. The Plaintiff also relies upon a receipt of the maintenance charges (Exhibit-G) which is issued by the said Society in the joint name of the Plaintiff and the Defendant. 2. In my view, the aforesaid two documents ex facie disclose that the Plaintiff has some right qua the suit property. The Motion has been filed on the apprehension that the Defendant, who is in possession, is trying to create third party rights. Considering the fact that the defendant is in possession of the suit flat, the interest of the parties would be served if the reliefs in terms of prayer clause (c) of the motion are granted. Hence the above Notice of Motion is accordingly made absolute in terms of prayer clause (c). The Notice of Motion is accordingly disposed of. [R.M.SAVANT, J]