1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.15 OF 2009 IN SUIT NO.5866 OF 1999 LACHHMANDAS T. NAYAR ..PLAINTIFF VS. KIRAN SURJIV BEDI & ORS. ..DEFENDANTS Mr. Amol V. Doijode for the Plaintiff Ms. Payal Gandhi i/b Shah & Sanghvi for Defendants No.1 & 2 CORAM: Smt. ROSHAN DALVI, J. DATED: 16 th March, 2009 P.C.: 1. The suit is essentially filed on tresspass. An order came to be passed on 11.12.2000 against the Defendants in the suit, restraining them from parting with possession of the suit premises in the flat No.3, 1st floor, Shiv Sadan, ''C'' Road, Netaji Subhashchandra Bose Road, Marine Drive, Mumbai- 400020 and from inducting third party therein or creating 2 any third party interest. This order was initially passed against the original Defendants No.1 & 2. Despite an order of injunction, the original Defendants No.1 & 2 inducted Defendants No.4 & 5 in portion of the suit premises admeasuring 1500 sq.ft. Original Defendants No.1 & 2 have expired. Their heirs are the present Defendants No.1 to 3 who continue to live in portion of the suit premises admeasuring 1000 sq.ft. 2. The Plaintiff has applied for order of appointment of Court Receiver in respect of the entire suit flat. Original Defendants No.1 & 2 are also stated to be trespassers. Their heirs, who are the present Defendants No.1 to 3, are also trespassers. Defendants No.4 & 5 have been inducted in the suit premises after and despite the order of injunction. 3. On 23.01.2009 Defendants No.1 to 3 were present in person. Defendants No.4 & 5 were represented through counsel. Notice of Motion came to be adjourned to today to enable the Defendants to file their reply and engage an Advocate, if required. No Affidavit in reply is filed. The statements of the Plaintiff are uncontroverted. The case for appointment of Court Receiver is made out. The Court Receiver, High Court, Bombay is appointed Receiver in respect of the entire flat No.3, 1 st floor, Shiv Sadan, ''C'' Road, Netaji Subhashchandra 3 Bose Road, Marine Drive, Mumbai- 400020. The Court Receiver shall allow Defendants No.1 to 3 who are the heirs and legal representatives of original Defendants No.1 & 2 to continue to reside in their portion of 1000 sq.ft of the suit flat upon payment of royalty and upon giving security as fixed by the Court Receiver. 4. Defendants No.4 & 5 have been inducted in breach of the order of injunction. Hence they cannot be allowed to continue to reside in the suit flat at all. The Court Receiver shall take physical possession of the portion of the premises of 1500 sq.ft. occupied by Defendants No.4 & 5. The Court Receiver shall hand over that portion of the premises to the Plaintiff. 5. Defendants No.1 to 3 shall not create any further rights or induct any other person in the suit premises pending the suit. (Smt. Roshan Dalvi, J)