AMOD NANDKISHORE MEHRA Vs. VIJANTI AMOD MEHRA

JUDGEMENT

(1.) The Plaintiffs have filed the suit under Section 6 of the Specific Relief Act, 1963 for an order and decree against Defendant No.1 for restoration and handing over to the Plaintiffs the quiet, vacant and peaceful possession of the suit property bearing CTS No. 69/21 situated at L.B.S.Marg, Vikhroli (West), Mehra Estate, Mumbai 400 079. The Plaintiffs have taken out this Notice of Motion for appointment of the Court Receiver in respect of the suit property with all powers under Order XL Rule 1 of the Code of Civil Procedure, 1908 including the power to take forcible physical possession of the suit property from Defendant No.1 with the help of police, to handover possession of the suit property to the Plaintiffs and has also applied for injunction against the Defendant No.1, his servants and/or agents in respect of the suit property .

(2.) Some of the relevant facts which emerge from the pleadings and documents filed by the parties are thus :

(3.) Being aggrieved by the said ad interim order dated 30 th August, 2011 passed by S.J.Vazifdar, J the Defendant No.1 herein filed an appeal being Appeal (L) No. 625 of 2011. By an order dated 24 th November, 2011 passed by the Division Bench, by consent of parties ad interim order dated 30 th August, 2011 passed by the Learned Single Judge in Notice of Motion No. 2003 of 2011 came to be set aside. The Learned Counsel appearing for the Defendant No.1 made a statement that Defendant No.1 shall not alienate or create third party right in the suit property without seeking leave of the Learned Single Judge. Accordingly, ad interim injunction in respect of the suit property against Defendant No.1 came to be granted. Defendant No.1 has been also directed to maintain status quo in relation to the suit property until further orders passed by the Learned Single Judge.