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2012 Supreme(Bom) 1185

MOHIT S.SHAH, N.M.JAMDAR
Ramesh Sippy – Appellant
Versus
Suresh Gopaldas Sippy – Respondent


Advocate Appeared:
For the Appellant:N.H. Seervai, Senior Advocate with Rohaan Cama, Gulnar Mistri i/by M/s. Bachhubhai Munim and Co., Advocates.
For the Respondents:R3 & R4, Venkatesh Dhond, Senior Advocate with Archit Jayakar i/by Jayakar & Partners, Advocates.

Judgment :

This appeal is directed against the judgment and order dated 18 April 2012 of the learned single Judge of this Court, in Notice of Motion No.577 of 2012 in Suit No.552 of 2012 filed by the appellant / plaintiff for obtaining possession of the Flat No.5/B situated on the 5th floor (the suit premises ) in a building known as “Shree Vijayaa Bhavan” in Mumbai. The suit is filed on the basis that the appellant is the owner of the said flat by virtue of holding shares in the Unique Enterprise Co-operative Housing Society. The appellant filed the above numbered Notice of Motion for appointment of Court receiver and for a direction to the respondents / defendants to deposit interim compensation during pendency of the suit.

2. At the first ad-interim hearing on 15 March 2012, the trial Court recorded the statement made on behalf of the defendants that until further orders, they will not dispose of, alienate, encumber, part with possession or create any third party rights in the suit flat. At the next ad-interim hearing on 18 April 2012, the appellant / plaintiff prayed for further direction regarding appointment of Court receiver and for deposit of interim compensation. The learne
















































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