Parin Jintendra Lakhani And Another v. M/S. R.J. Constructions Partnership Firm Mr. Mohanlal G. Joshi And ORS.

Sherla V.

fa.1136.2014_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1136 OF 2014 with CIVIL APPLICATION NO.3221 OF 2014 Parin Jitendra Lakhani & anr.

... Appellants Vs.

M/s.R.J. Construction Partnerhsip firm Mr.Mohanlal G. Joshi & Ors.

... Respondents Mr.J.P. Sen, Sr.Adv. i/b Mr.M.A. Shah for the Appellants Ms.Priyanka Kothari a/w Ms.Anagha Kharale i/b M/s.Thakore Jariwala & Asso. for Respondent Nos.1 to 5 None for respondent Nos.6 to 9 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 9th SEPTEMBER, 2015 P.C.:

1.

Heard.

2.

Admit.

CIVIL APPLICATION NO.3221 OF 2014:- 3.

Learned Counsel for the appellant submits that during the pendency of the suit, Court Receiver was appointed and third parties are in possession as agents of the Court Receiver without security and royalty. Learned Counsel for Respondent Nos.1 to 5 are present. She concedes to 1 / 2

fa.1136.2014_23.doc the same arrangement. Respondent Nos.6 to 9, the subsequent flat purchasers, though served, are not represented. 4.

In view of the above, the same arrangement of the Court Receiver without security and royalty, is continued till final disposal of the appeal. 5.

Civil Application for stay stands disposed of. (MRIDULA BHATKAR, J.) 2 / 2