Balwant Singh And ORS v. Mrs. Pinki Govind Rawal And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3227 OF 2015 Balwant Singh and Ors.

] ... Petitioners

Versus

Mrs. Pinki Govind Rawal and Ors.

] ... Respondents Mr. V. S. Kapse for Petitioners.

Mr. J. S. Kini i/b Mr. Suresh Dubey for Respondent Nos.1 and 2. CORAM :- M. S. SONAK, J.

DATE :- APRIL 06, 2015 P. C. :- 1.

This petition is disposed of by means of the following agreed order :- (a) The Order of the trial Court dated 18/02/2015 is maintained and the Court Receiver, High Court, Bombay, stands appointed as receiver of the suit premises i.e. Room No.18, 4th Floor, Krishnakunj No.4, Sanghani Estate, L.B.S. Marg (Agra Road), Ghatkopar (W), Mumbai - 400 088. (b) The Petitioners undertake to hand over possession of the suit premises to the Court Receiver to be in turn handed over to the Plaintiff on the 2nd day of May 2015.

(c) The Respondents would deposit an amount of Rs.10,000/- (Rupees Ten Thousand Only) per month in the trial Court, pending the suit, which amount shall be invested in Fixed Deposit by the trial Court, in any Nationalized Bank on URS

2 WP 3227-15.doc-7 appropriate terms and which will await the result of the suit and further orders thereon.

(d) In case there is any default in the deposit of Rs.10,000/- on or before 10th day of each month, the Court Receiver shall be entitled to take back and retain the possession of the suit premises.

(e) The trial Court to hear and decide the suit expeditiously and any any event, before the 30th day of October 2015. (f) The trial Court shall decide the civil suit without being influenced by any observations made in the impugned order dated 18/02/2015 or for that matter, the present agreed Order.

(g) All parties to act on the basis of authenticated copy of this Order. 2.

It is made clear that the aforesaid is only an interim arrangement made during the pendency of Short Cause Suit No.1732 of 2013.

3.

By way of confirmation, the learned Counsel for parties to place on record the Minutes of the Order.

4.

Petition is disposed of in the aforesaid terms. (M. S. SONAK, J.) URS