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2008 Supreme(Bom) 682

D.B.BHOSALE
Shammi Nagpal – Appellant
Versus
Sudhir Nagpal – Respondent


Advocates appeared:
V.A. Thorat with Satish Maneshinde, i/b. N.S. Nappines & Jayashri Manjrekar, for plaintiff. Janak Dwarkadas, Sr.Cou., with D.D. Madaon, Sr.Cou., Rahu1 Narichania & Sanjay Parab i/b. Mulla, for defendant No. 1. Iqbal Chhagla, Sr. Cou., with Naveen Agarwas i/b. Mulla & Mulla, for defendant No.2.
Ms Vma Palsule Desai, A.G.P., for defendant No.3.

BHOSALE D.B., J.: - This notice of motion is taken out by the plaintiff seeking directions to the defendants to forthwith hand over and restore to the plaintiff the vacant and peaceful possession of the premises being Flat No. 209, Olympus Apartments, Alta mound Road, Mumbai (for short, "the suit premises") and, in the alternative, for the appointment of the Court Receiver, High Court, Bombay as Receiver for the suit premises and put the plaintiff in possession thereof as an agent without royalty or compensation. The plaintiff is further seeking a direction to the defendants to restore to the plaintiff all movable furniture/articles taken from the suit premises. The plaintiff has also prayed for the appointment of a Commissioner to inspect and take an inventory of the suit premises and for an injunction restraining the defendants from in any manner dealing with, disposing of, alienating, encumbering or creating third party rights of any nature whatsoever in respect of the suit premises.

The suit is instituted under section 6 of the Specific Reliefs Act, 1963 alleging forcible dispossession from the suit premises between 14.3.2008 and 17.3.2008 when the plaintiff was out of India.

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