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. 2387 OF 2004 IN SUIT NO.3104 OF 2000 SUIT NO.3104 OF 2000 SUIT NO.3104 OF 2000 Anil Harichandra Bobdi & ors .. Plaintiff versus Janabai Dattaram Bobdi &ors .. Defendants Defendant ... Mr.V.S.Kapse for Plff Mr.S.V.Sadavarte for Defts CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 9th February, 2005. DATED : 9th February, 2005. DATED : 9th February, 2005. P.C:- P.C:- P.C:- 1. Heard learned counsel for the parties. This motion is taken out by the plaintiff for appointment of a receiver of the property take possession of the suit property. The suit is for partition. The plaintiff is unable to show the present right to dispossess the defendants who are the joint owners of 2 the property. In view of provisions contained in sub-rule 2 of Rule 1 of Order 40 of the Code of Civil Procedure no receiver can be appointed. By an order passed in another motion injunction against dispossession has already been granted and that sufficiently protects the plaintiff. There is no need for appointment of the receiver. Hence motion is made returnable in due course. No ad interim relief. D.G.KARNIK, J