1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.378 OF 2008 IN SUIT NO.941 OF 2007 Noorjahan Shahid Dawood ...Plaintiff Vs. Sajid Yakub Kantharia & Ors. ...Defendants Mr.Jitendra Ranwat i/b. M/s Bonatwala & Co., for Plaintiff Mr. Anil Mishra for Defendant Nos.1,2 & 3 Mr.Chirag Balsara with M.S. Dehlvi i/b. Negandhi Shah & Himayatullah for third party Abdul Kantharia and Jelris Kantharia Smt. U.S. Srivastava, 2nd Asstt., to Court Receiver CORAM: SMT.ROSHAN DALVI, J. DATED: 4 TH DECEMBER, 2008 P.C. 1. A third party who is also a family member of the parties to the Suit is stated to have demolished six rooms on the Survey No.80, Hissa No.2 which is CTS No.2, 2/1 to 2/25. That forms a part of Exhibit- G to the plaint which is stated to be the property of one Haji Yakub Adam Kantharia for which inter alia the Court Receiver is appointed. 2 2. Since the six rooms were demolished and a complaint in that behalf was made to the Court Receiver, the Court Receiver has verified the documents of the 3rd party who is stated to have demolished the suit rooms. The Court Receiver's report shows certain documents standing in the name of the 3 rd party for the property at Survey No.18, Hissa No.2(part). 3. Mr. Balsara appearing on behalf of the 3rd party contends that the 3rd party had not demolished the said six rooms. He however contents that the 3rd party has title in respect of the land where the six structures were. The Plaintiff has produced photographs to show the demolition carried out. The Plaintiff's Advocate states that the six structures which are demolished are in one of the structures shown in CTS plan and as a part of the undivided suit property. 4. All the parties to the Suit as well as the 3rd party Haji Yakub Adam Kantharia represented by Mr. Balsara shall maintain status- quo in respect of the land shown under the structures shown to be demolished in the Plaintiff's photographs. One photograph is taken on record. One photograph is given to the Court Receiver and one photograph is handed over to the 3rd party. 3 5. Court Receiver's Report is disposed off accordingly. (SMT. ROSHAN DALVI, J.)