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Bombay High CourtCAF/1730/2015disposed off

Shri. Ashwin A. Bhuva v. Smt. Harjeet Kaur Bhatty

2015-07-08Hon'Ble Shri Justice K.K. Tated2 pages

24 caf 1730-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1730 OF 2015 IN FIRST APPEAL NO. 571 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. M. Tiwari for the applicant.

Mr. Shishir Joshi i/b Beri & Co. for the respondent. CORAM : K. K. TATED, J.

DATED : 08/07/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by the plaintiff for an order of continuation of the Court Receiver, High Court Bombay, which was appointed by the Trial Court in respect of the suit flat bearing Flat no. 4/B, 4th Floor, Girnar Apartments, Pali Hill Road, Bandra (W), Mumbai.

The learned Counsel for the respondent defendant after taking instructions from his client makes a statement that respondent defendant will not create any third party rights, title and interest in respect of suit flat till the hearing and final disposal of the First Appeal. Statement is accepted.

Sneha Chavan 1/2

24 caf 1730-15=.doc Hence, by consent, the following order is passed without prejudice to the rights and contentions of both the parties:

ORDER

a) The respondent defendant is restrained from by an order of injunction from creating any third party rights, title and interest in respect of suit flat bearing Flat no. 4/B, 4th Floor, Girnar Apartments, Pali Hill Road, Bandra (W), Mumbai till the hearing and final disposal of the First Appeal. b) Court Receiver in respect of the suit flat stands discharged.

c) Appellant plaintiff to pay the Court Receiver's charges, if any, immediately.

d) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2