:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.906 OF 2008 IN SUIT NO.770 OF 2006 Padmini Hiralal Jain & Anr. .. Plaintiffs. Vs. Ashokkumar Mishrimal Jain .. Defendants. And Paral Mahatma Co-op Housing Society Ltd. .. Respondents. Mr.Sanjay Jain i/b Ashok Purohit for the applicant. Mr.Shashi K.Jain for the plaintiff. Mr.K.D.Jha for the respondents. Mrs.U.S.Srivastava, IInd Asst. to Court Receiver present. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 10TH JUNE, 2008. DATED : 10TH JUNE, 2008. DATED : 10TH JUNE, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. This notice of motion is taken out by the respondent-society for the following relief: "(a) that this Hon’ble Court be pleased to direct the Court Receiver, High Court, Mumbai to handover quiet, vacant and peaceful possession of the Suit Shop being Shop No.F/S/M-3-2/19 to the Respondent with permission to the Respondent to demolish the same subject to such terms and conditions as may be imposed by this Hon’ble Court on the respondents". 3. It appears that there are interse disputes between the plaintiffs and defendants, and the plaintiffs, in the suit, are seeking possession of the suit-shop, as reflected in the aforesaid prayer clause (a). This court vide order dated 20th March, 2007 had appointed the Court Receiver, High Court, :2: :2: :2: who in turn had put the defendant in possession thereof as his agent. The respondent-society is seeking possession of the suit-shop for redevelopment of the property. Learned counsel for the plaintiffs and defendant have fairly stated that keeping the rights of parties intact, to be decided in the suit, they have no objection for making the motion absolute in terms of prayer clause (a). Mr.Jha, learned counsel for the respondent-society submits that the society has earmarked shop No.28 to be handed over to the court receiver after redevelopment of the property. Having considered the overall facts and circumstances of the case I am satisfied that the following order shall meet the ends of justice: . Without prejudice to the rights and contentions, defendant shall handover possession of the suit-shop to the court receiver within two weeks from today which the court receiver in turn shall hand it over to the respondent-society within a week therefrom. The respondent-society shall proceed to develop the property and shall handover newly constructed shop no.28 to the court receiver within one week from the date of issuance of occupation certificate. It is made clear that under any circumstances the respondent-society or the developer shall not create any third party rights in shop no.28 :3: :3: :3: before and after issuance of the occupation certificate. The society and the developer, shall file an undertaking to that effect in this court within a period of four weeks from today with an advance copy thereof to the plaintiffs and defendant. The Court Receiver, subject to the orders of this court, if any, and without prejudice to the rights and contentions of the plaintiffs shall handover possession of the said shop (Shop No.28) to the defendant as his agent. Mr.Jha, learned counsel for the respondent-society, on instructions, states that the development will be completed within a period of two years and the society would be in position to handover possession of shop no.28 to the court receiver immediately thereafter. His statement is accepted. This order shall not preclude the court receiver from recovering costs, charges, expenses and royalty, if any, from the defendant in respect of the suit-shop, which is presently in his possession. It is made clear that for the period commencing from the date of handing over the possession of suit-shop to the respondent-society till the new shop no.28 is handed over to the court receiver, the defendant shall not be liable to pay costs, charges, expenses and royalty to the court receiver. With these observations the notice of motion is disposed of. :4: :4: :4: (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)