Final Order 1

Order Details: Notice of Motion
Pdf Text: 27.09.2021
36,39,40
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
Suit 2408/2018
@NM 3884/19
@NM 36/2020
Adv Lad for defendant present.
Son of defendant present.
Plaintiff present.
Adv Arun Rajput for plaintiff present.
Heard Adv for both parties on Notice of Motions. Plaintiff
has taken on NM No. 3884/19 for appointment of Court
Receiver to hold inquiry of mesne profits and NM no.
36/2020 for temporary injunction to restrain the defendant
from creating third party interest in suit premises i.e. Room
no. 17/5, Mirashi Chawl, Nehru Nagar, KV Road, Bhandup
(E), Mumbai 400 042. Perused the plaint, reply and
documents on the record. Suit is for declaration that the
defendant is a tresspasser in the suit premises, possession
and mesne profits. Possession of defendant in the suit
premises is not in dispute. Plaintiff already claimed mesne
profits in the plaint. Under the circumstances no case is
made out for appointment of court receiver. Hence, Notice of
Motion No. 3884/2019 is dismissed and disposedoff.
However, Possession of defendant in the suit premises is not
in dispute. Under the circumstances, defendant may create
third party interest in the suit premises. Hence suit premises
needs to be protected from being transferred. Accordingly
Notice of Motion No. 36/2020 is allowed in terms of prayer
clause (a) and disposedof accordingly.
Matter stands Adj for issues to 16.12.2021.
Judge
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