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1997 Supreme(Bom) 428

S.S.NIJJAR
Shivani S. Roy and another – Appellant
Versus
Hari Pada Roy and others – Respondent


JUDGMENT - S.S. NIJJAR, J.:---This suit has been filed for a declaration to the effect that the plaintiffs are the owners of half undivided share of the suit premises being Flat Nos. 31 and 32, Belle View, 85 Bhulabhai Desai Road, Bombay-400 026, more particularly described in Schedule at Exhibit-A to the plaint and delineated in the sketch at Exhibit-B, and for partition of the same by metes and bounds and the plaintiffs be put in possession of half portion thereon. In the alternative, it is prayed that in the event the Court holds that the suit premises are incapable of being partitioned by metes and bounds the same be sold by and under the directions of this Court and the plaintiffs be paid their half share out of the sale proceeds.

2. This Notice of Motion has been taken out with a prayer that pending the hearing and final disposal of the suit, Court Receiver, Bombay be appointed as Receiver of the suit premises with all powers under Order 40, Rule 1 of the C.P.C. including power to partition the suit premises and put the plaintiffs in possession of half portion of the suit premises on such terms and conditions as this Hon'ble Court may deem fit and proper. It is also prayed tha









































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