(1.) By Interim Application No.1631 of 2023, Defendant No.1 seek to be transposed as Plaintiff in the Suit for partition, filed by the Plaintiff Pooja Kakkar, who has failed to appear before the court.
(2.) My attention is invited to an order dtd. 6/4/2023 passed below Notice of Motion No.598/2017, which is an application taken out by Defendant No.1 for appointment of the Court Receiver, in respect of five flats, which form subject matter of the suit property, which are ready since the year 2014, but possession of which is still not taken and these flats need to be protected and preserved.
(3.) The Court recorded submission of the learned counsel for the Developer that, substantial outstandings are pending against the 5 flats, but none of the parties are forthcoming to clear the same and, therefore, the Developer has held the said flats in escrow and they are lying vacant and locked.