Order 1

Order Details: Notice of Motion
Pdf Text: 1/2 N/M No.1042/2018 in Su.97/2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No. : MHCC010033922018
NOTICE OF MOTION NO.1042/2018
IN
SUIT NO.97 OF 2018
Mrs. Neeta D. Thakkar & Anr. ...Plaintiffs
V/s.
Bharat Odhavji Thakkar & Anr. ...Defendants
Adv. Ghadigaonkar for plaintiffs.
Adv. Mane for defendant no.1.
Defendant no.2 in person.
CORAM : HHJ Shri. G.R. Agrawal
CR No.3
DATED : 27.2.2019.
ORDER
(Dictated in open court)
By this notice of motion, the plaintiffs are praying for
appointment of Court receiver in respect of suit properties and for
injunction to restrain the defendant no.1 from creating third party
interest in the suit properties. The defendants have filed their separate
replies to the motion.
2. Heard both sides. Perused the record.
3. There is no dispute that defendant no.1 is in possession of the
suit properties. During the course of hearing of the motion, the Ld.
Counsel for plaintiffs has submitted that the plaintiffs are not praying
-- 1 of 3 --
2/2 N/M No.1042/2018 in Su.97/2018
for appointment of Court receiver at this stage and they will file fresh
motion for said purpose as and when contingency arises.
4. As regards the other prayer for temporary injunction, there is no
dispute that the Commercial Galas no. A, B & C are tenanted premises
and therefore there is no question for creating third party interest by
the defendant no.1 in respect of said premises. As regards the suit flat
and suit lands situated at Gujrat, the Ld. Counsel for defendant no.1,
after taking instructions from defendant no.1 who was present in the
Court, has made a statement that defendant no.1 has no intention to
create any third party interest in respect of the said properties. In view
of the said statement, the present motion can be allowed partly. Hence,
following order.
ORDER
1. Notice of motion no. 1042/2018 is partly allowed.
2. Statement made on behalf of defendant no.1 that he has no
intention to create third party interest in the suit flat and suit
lands during the pendency of the suit is accepted.
3. The plaintiffs are at liberty to file a fresh notice of motion for
appointment of Court Receiver, if any contingency arises.
(G.R. Agrawal)
Judge, City Civil Court,
Gr. Bombay.
Dictated on : 27.2.2019
Transcribed on : 28.2.2019
Signed on : 28.2.2019
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
-- 2 of 3 --
3/2 N/M No.1042/2018 in Su.97/2018
JUDGMENT/ORDER”
1.3.2019 at 10.40 am (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
27.2.2019
JUDGMENT/ORDER signed by
P.O. on
28.2.2019
JUDGMENT/ORDER uploaded
on
1.3.2019
-- 3 of 3 --