( 1 ) THE present Notice of motion is taken out for appointment of Court receiver, High Court, Mumbai in respect of building known as sonal Building situated at 99. August Kranti Marg, Mumbai-400 036 with all powers under Order XL of the Code of Civil procedure. By prayer (b) of the Motion receiver is also sought in respect of Flat No. 3 A situated on 3rd Floor, sonal Building, 99, august Kranti Marg, Mumbai-400 036 with all powers under Order XL, Rule (1) of the Code of Civil Procedure, 1908 and with a direction to appoint any person as agent for use of the said premises on payment of monthly compensation and/or Royalty as may be fixed by the Court Receiver. Prayer is also sought in respect of Shop No. 1 on Ground Floor with similar direction to take physical possession and appoint third party as agent in respect of said shop premises. In prayer (c) of the motion, relief is sought that defendant no. 1 to deposit a sum of Rs. 1. 0 lac per month towards so called market rent in respect of occupation of flat no. 3a on 3rd floor, Sonal Building, 99 August kranti Marg, Mumbai-36. By prayers (d) (e) and (f) it is sought that action should be initiated under Order XXXIX, Rule 2a for contempt against defendant no. 1 for disobedience of the order passed by this court on 14. 10. 97 and / or the court should pass an order under Order 39, Rule 11 for striking off the defence of defendant no. l in the present proceedings. Prayer (f) of the motion pertains to office premises situated at 92, Chhotalal Bhavan, 418, kalbadevi Road, Mumbai-2.

( 2 ) ALL the parties before me agree that in so far as prayer clause b (ii) and (f) are concerned, ad interim order passed by me on 18. 8. 05 in respect of the aforesaid two prayers be confirmed. However, the learned counsel for the plaintiff contends that he is seeking appointment of Court Receiver in respect of flat no. 3a and also action under Order XXXIX, rule 2a and Order XXXIX, Rule 11 of the civil Procedure Code and is also pressing the claim of compensation of Rs. 1 lac Some of the facts of the present case are briefly enumerated as under.

( 3 ) THE present suit is filed by the plaintiff claiming to be the co-owner in respect of property in possession with defendant no. 1. Plaintiff and defendant nos. 1 to 4 are the sons of late Shri. Vanmalidas J. Mehta and thus brothers. It is the case of the plaintiff that during the life time of the said late Shri. Vanmalidas J. Mehta there were differences and disputes between the parties and in the year 1998 the Mediator gave a decision which is dated 8-8-98 wherein the substantial assets were distributed among the parties under a family Arrangement. The said decision of the mediator is accepted by all the parties and thus, under the said decision all the properties are divided save and except the interest in the Sonal building which is required to be held jointly. The said properties which are distributed among the parties are set out in Ex. D to the plaint. In so far as Sonal Building situated at 99, August kranti Marg, Mumbai-36 excluding the premises situated on entire 1st Floor and the commercial godown premises situated on the rear road, Ground Floor the said building is required to be held jointly by the parties. These two premises of the said building i. e. 1st floor is awarded to the plaintiffs exclusively whereas, the godown is exclusively allotted to defendant no. 2 under the decision of the Mediator. Business of Jyoti Silk Mills is also jointly held and the shop premises standing in the name of sons situated at Shop No. N-13, Sahara Gate, p. O. Box 502, Umavadi, Surat, Gujarat is also held jointly by the families. In so far as Jyoti silk Mills is concerned there are no disputes in the present notice of motion since the same is held by partnership firm wherein plaintiff and defendant nos. 1 to 4 are partners and the said premises are given on tenancy.

( 4 ) THE dispute in the present proceedings centres around the building known as Sonal