Atharav Homes v. Minal M. Kapasi And 2 ORS.

NMS.1225/2010-S.1101/2010(17) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1225 OF 2010 IN SUIT NO. 1101 OF 2010 M/s. Atharav Home ...Plaintiff Vs.

Minal M. Kapasi & Ors.

...Defendants Mr. Lalit V. Jain for the Plaintiff Mr. P.M. Shah a/w. Mr. M.K. Tanna & Mr. R.K. Vira for Defendant Nos. 1 and 2 (in Suit) and for Respondents in Contempt Petition CORAM : MRS. ROSHAN DALVI, J.

DATED : 15TH JUNE, 2015 P.C. :

1.

This notice of motion is for appointment of Court Receiver for mandatory injunction to comply with the agreement dated 12th October, 2007 and for a prohibitory injunction against creation of third party rights. 2.

Possession of the flat of defendant Nos. 1 and 2 which is the entire suit premises has been handed over by the defendant Nos. 1 and 2 to the Court Receiver. The developer / plaintiff has demolished the suit building. Hence nothing remains in the notice of motion. There shall be no order in the notice of motion. No order as to costs. (ROSHAN DALVI, J.)