Sonia Raman Sabharwal v. Mrs. Asha Ashok Asrani And ORS.,

10-NMS-2572015.DOC Ars

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 257 OF 2015 IN SUIT NO. 669 OF 2014 Sonia Raman Sabharwal ...Applicant In the mater of Sonia Raman Sabharwal ...Plaintiff

Versus

Asha Ashok Asrani & Ors.

...Defendants Ms. Reema Merchant, for Defendant No.1.

Ms. Neha Chokshi, for Defendant No.2.

CORAM: G.S. PATEL, J DATED:

9th March 2015 PC:- 1.

Heard.

2.

After the order dated 26th November 2014 by which the 1st Defendant was appointed as an agent of the Court Receiver in respect of Flat No. 74, 7th floor, Ashok Apartments, 68 Nepean Sea Road, Rungta Lane, Mumbai - 400 006, the 1st Defendant passed away. He is survived by Defendants Nos. 1(a) and 1(b), his widow

10-NMS-2572015.DOC and son, respectively, who have been joined as party Defendants to the Suit.

3.

By this Motion the Plaintiff seeks a modification of the order dated 26th November 2014 to appoint the Defendants Nos. 1(a) and 1(b) as agents of the Court Receiver in place and stead of Defendant No.1. There is no dispute that the Defendants Nos. 1(a) and 1(b) are in actual physical possession of the flat and are residing there. 4.

For these reasons the Notice of Motion is made absolute in terms of prayer clause (a) and is disposed of accordingly. All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)