1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 92 OF 2008 IN SUIT NO. 3476 OF 2007 Dayashankar Jhunan Jaiswar .. Plaintiffs Vs 1. Jatashankar Jhunan Jaiswar & ors. .. Defendants Mr. S.R. Gupta for the plaintiffs. None for the defendants. CORAM: S.J. VAZIFDAR, J. DATED : 1ST DECEMBER, 2009. P.C. : The Suit is filed for a declaration that the plaintiff and defendants No. 1 and 2 have a 1/3rd share each in the suit room. The same, however, stands in the name of defendant No.1. By a writing dated 5th August, 1997 (Exhibit-C to the Plaint), the plaintiff and defendants No.1 and 2 confirmed that they had an equal share in the said premises. The plaintiff’s grievance is that defendants No.1 and 2 have inducted defendant No.3 into the suit premises on a leave and licence basis and are appropriating the 2 compensation without handing over the plaintiff, his 1/3rd share. 2. The defendants are absent despite Notice. No Affidavit in reply has been filed. 3. In the circumstances, the Notice of Motion is made absolute in terms of prayer (a). The Court Receiver, however shall not dispossess defendant No.3, if he is found in possession, nor shall the Receiver dispossess any other third party, if found in possession. The Court Receiver shall appoint either defendant No.3 or any other third party found to be in possession as his agent, but without security and royalty at this stage. Defendant No.3 or any other third party shall henceforth pay the compensation to the Court Receiver. 4. Till the Court Receiver takes possession, there shall be an order in terms of prayer (b).