1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1439 OF 2007 IN SUIT NO.1092 OF 2007 Mrs. Lata Laxmandas Jaisinghani & anr ..Plaintiffs -versus Palmland Co-Op Hsg. Soc. Ltd. And ors .. Defendants Mr. Nitin Thakkar a/w Mr. Rizvi Nase4r Ali i/b M/s Thakore Jariwala & Associates for the Plaintiffs. Ms K.V. Nichani, for Defendant Nos l & 2 Mr. Prem S Gidwani, for Defendant No.3 CORAM: S. J. VAZIFDAR, J DATED: 12th November, 2009. P.C. 1. It is difficult to pass an order appointing a Court Receiver of the suit premises in view of the fact that Defendant No.3 has been residing there to the knowledge of the Plaintiffs for over 30 years. 2. However, even assuming the third Defendant’s case of being a sub-tenant is correct, the Plaintiffs require protection in respect of their rights. 3. In the circumstances the Notice of Motion is disposed of by the following order:- ORDER. I) Pending the hearing and final disposal of 2 the suit, the Defendants shall not transfer, alienate, encumber, part with possession of, or recognize any transfer of the said flat or create any third party right, title and/or interest therein., II) The Defendant NO.3 shall pay all the outgoings of any and every nature whatsoever and all other costs, charges, demands that may be raised by the society including but not limited to any structural expenses as well as taxes and liabilities that may be levied by any authorities.