1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.218 OF 2009 IN NOTICE OF MOTION NO.1236 OF 2007 IN SUIT NO.897 OF 2007 Kalpana Ramesh Rao Patange ....Appellant V/s. Vimal Shrikriishnm A. Bhavsar & Orrs. ....Respondents Mr.R.M. Vasudeo for the Appellant. Mr.Niranjan Shimpi for Respondent Nos.1 to 3. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 7TH JULY, 2009. P.C. : 1. The Appellant has filed a suit and prayed for the declaration that she has 1/4th share in the suit property i.e. Suhas Co-operative Housing Order. She had taken out Notice of Motion No. 1236 of 2007 and prayed for various reliefs including appointment of the Court Receiver, leave to occupy the suit premises and grant the injunction etc. 2. By the impugned order, the prayer for appointment of the Court Receiver and permission to occupy the suit premises as well as injunction has been turned down. However, the Defendants have 2 been directed not to create any third party interest and not to part with possession or induct any third party in the suit property pending the suit. 3. The learned Judge noted that the Plaintiff claims 1/4th share in the suit flat, it belonged to her father, the father died in 1991 and the suit flat was the self-acquired property. It is on these prima-facie considerations that the impugned order has been passed and the issue of limitation need not be treated as finally adjudicated. We are satisfied that the discretion exercised by the learned Single Judge does not call for any interference and hence the Appeal stands dismissed. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)