ANOOP V.MOHTA
Rajeshree Pravin Sonawane – Appellant
Versus
Arvind Kumar Fatechand Manghiramalani – Respondent
1 The Appellants-Original Defendants have challenged order dated 28 March 2013 passed by the learned Civil Judge, Senior Division, Thane. The operative part of order is as under:
“1. Application is allowed.
2. Plaintiff is hereby appointed as a receiver in respect of suit property.
3. Defendant No.1 is directed to hand over peaceful and vacant possession of the suit flat to him within one month.
4. Appointed Court receiver is hereby directed to take possession of the suit property and maintain it property and preserve till the disposal of the suit. He is further directed not to create any third party interests in respect of suit property till disposal of the suit.
5. Plaintiff is hereby directed to act as agent of the Court receiver and preserve the property.
6. Cost in cause.”
2. The Respondent-Original Plaintiff has filed a suit under Section 6 of Specific Relief Act, 1963 for restoration of possession and for the damages on 2.8.2010. The Plaintiff-Respondent's case is that on 22.2.2010, someone broke open the lock and entered the flat and took away the Plaintiff's belongings and therefore the suit.
3. The Appellants appeared and filed a written statement-cum-counter claim. The
Chandra Kishore Jha Vs. Mahavir Prasad & Ors (1999) 8 SCC 266
Sanjay Kumar Pandey & Ors. Vs. Gulbahar Sheikh & Ors (AIR 2004 SC 3354)
Super Candles & Anr Vs. Mahabir Candle Works & Anr ( AIR 1997 Gau 57)
Vinita M. Khanolkar Vs. Pragna M. Pai & Ors.(1998) 1 SCC 500)
Jain Spinners Ltd. Vs. Collector of Central Excise (1998) 1 SCC 502)
Metro Marins & Anr. Vs. Bonus Watch Co(P) Ltd. & Ors.(2004) 7 SCC 478)
Mehul Mahendra Thakkar Vs. Meena Mehul Thakkar (2009) 14 SCC 48)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.