PANORAME ESTATE Vs. RAAD KHALID

JUDGEMENT

(1.) BY this notice of motion, the plaintiffs seek directions from this Court to the Court Receiver, High Court, Bombay, to take physical possession of the suit flats and various other interim reliefs as set out therein.

(2.) THE plaintiffs No. 1 is the owner of the suit flats described in para 1 of the plaint. The plaintiffs have filed this suit for possession, arrears of compensation and mesne profits against the defendants after obtaining consent of the Central Government as required under Section 86(2) of the Code of Civil Procedure. The plaintiffs have filed this suit based on title and have formulated their cause of action in the plaint on the footing that the occupation of the suit premises by the defendants constitutes a trespass and the defendants are liable to handover vacant and peaceful possession of the suit flats to the plaintiffs. The plaintiffs have so stated in para 24 of the plaint. The defendants claim that the defendant No. 2 is the tenant in respect of the suit flats. The plaintiffs deny the said claim of the defendants. The suit is still to be heard.

(3.) BEING aggrieved by the said Order dated 2nd December, 1993, the plaintiffs preferred an appeal before the Hon'ble Division Bench of this Court. The said appeal was numbered as Appeal No. 86 of 1994. The said appeal was admitted. By an Order dated 8th February, 1994, passed on notice of motion taken out in the said appeal, the Hon'ble Division Bench of this Court appointed Court Receiver, High Court, Bombay as Receiver of the suit flats. In view of the events which has happened during the pendency of the appeal the Hon'ble Division Bench of this Court issued suo motu Contempt Notice No. 124 of 1994 against the various contemners including defendant No. 1 in this suit. By an Order dated 23rd June, 1994, the said contempt proceedings were disposed of by the Hon'ble Division Bench of this Court. The Hon'ble Division Bench accepted the apologies tendered by the various contemners and directed discharge of the suo motu contempt notice as well as cancellation of the non -bailable warrants issued against the contemners.