JUDGMENT :

R.D. Dhanuka, J.

1. By the Notice of Motion No. 735 of 2016 filed under Order XII Rule 6 of the Code of Civil Procedure, 1908, the plaintiff seeks decree of possession of flat bearing No. Flat No. 17, 1st floor, Radha Sadan C.H.S. Ltd. situated on Plot No. 99, Sion (East), Kingsway, Mumbai-400 022 and further direction that the name of the plaintiff be shown as the owner of the said flat in all the records of the defendant no. 1 society based on the alleged admissions of the defendants.

2. Notice of Motion No. 1559 of 2015 is filed by the plaintiff inter alia praying that the defendant no. 1, their servants and agents be restrained from creating any third party rights, from carrying out any redevelopment or otherwise in respect of the suit flat, for mandatory order and injunction against the defendant no. 1 to pay an amount of Rs. 4,000/- towards monthly compensation to the plaintiff for the suit flat, for appointment of Court Receiver with a direction to hand over possession of the suit flat to the plaintiff and allow the plaintiff to occupy the flat as an agent of the Court Receiver.

3. The plaintiff has filed a suit inter alia praying for an order and decree to hand over