PRIDE ASSOCIATES Vs. DAMODARDAS BHAIDAS BHUTA

JUDGEMENT

(1.) The above Suit is filed by the Plaintiffs for specific performance of an Agreement for Sale dated 4th June, 2005 ("Suit Agreement") (at ExhibitA, Page 44 of the Plaint), executed by Defendant Nos. 1 to 4 and late Mrs. Hansa R. Modi, whose legal heirs are Defendant Nos. 5 and 6, and for conveyance in favour of the Plaintiffs of Plot bearing Survey No. 37, Hissa Nos. B, C and D and CTS No. 429B and 429/1 to 286 of Village Mogra, Taluka Andheri, Andheri (East), Mumbai Suburban District, admeasuring 27,000 sq. mtrs. or thereabouts, referred to in the pleadings as "the suit property". The Plaintiffs have in the Suit taken out the above Notice of Motion for appointment of a Court Receiver as the Receiver of the suit property and for a temporary injunction restraining the Defendants from in any manner dealing with, transferring, alienating, encumbering, creating third party rights and/or parting with possession of the suit property.

(2.) The facts in the matter are briefly set out hereunder:

(3.) The Plaintiff No.1 is a registered Partnership Firm and Plaintiff Nos. 2 to 9 are the Partners of Plaintiff No. 1. The family tree of the Defendants is as under: