HORIZON ENTERPRISES Vs. DEEPENDRA NARENDRA SINGH

JUDGEMENT

(1.) The applicant - plaintiff has preferred this application seeking inter alia appointment of Court Receiver, and injunction restraining the defendants from alienating, transferring and creating third party rights in, and/or putting any structure or construction or carrying on any commercial business and parting with possession of, the suit property or any part thereof till the final disposal of the suit.

(2.) The plaintiff is a partnership firm. Defendant Nos.1 to 7 are the heirs and legal representatives of Narendra Singh. Defendant Nos.8 to 16 are the heirs and legal representatives of Balvir Singh. Narendra and Balvir were the sons of Hargopal Singh.

(3.) Narendra and Balvir had acquired the land bearing CTS No.400 and 400/1 admeasuring about 6321 Sq. Mtrs. situated at Lal Bahadur Shastri Marg, Bhandup (W), Mumbai, ('the Suit Property') under a Deed of Conveyance dtd. 11/2/1965 as tenants in common. Narendra passed away on 14/2/1990 leaving behind defendant Nos.1 and 2 as his only legal heirs and representatives. Thus, defendant Nos.1 and 2 became entitled to 1/2 share of the said Narendra in the suit property. Upon demise of Balvir, the latter's 1/2 share devolved upon defendant Nos.8, 9, 14 to 16.