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2020 Supreme(Bom) 34

ANUJA PRABHUDESSAI
Rajendra Saxena – Appellant
Versus
Sharda Ratnam – Respondent


Advocates:
Advocate Appeared:
Aprana Deokar, Advocate, Dinesh Mishra, Advocate, Kher, Advocate

JUDGMENT :

Anuja Prabhudessai, J.

By this Notice of Motion, the Plaintiffs herein have sought following reliefs:-

    (a) That the court receiver High Court, Bombay be ordered and directed to

(i) To give notice to the defendant No.1 to remove her belongings from the suit premises

(ii) Failing which, court receiver may remove belongings of the defendant from the suit flat.

(iii) Take physical possession of the suit flat from the defendant by breaking upon the lock of the suit flat, if necessary, by taking police help.

(iv) Hand over quite, vacant and peaceful possession of the suit flat to the plaintiff as agents of the court receiver without payment of any compensation of security.

(v) The Defendant No.2 be ordered and directed to hand over the original title deeds with respect to the suit flat to the plaintiffs, for the purpose of perfecting the title of the suit flat.

(vi) The Defendant No.2 be restrained from causing any obstruction while handing over the possession of the flat to the plaintiffs, while taking possession as agents of Court Receiver.

(b) Ad interim reliefs in terms of prayer (a) be granted.

(c) Cost of the notice of motion be provided for."

2. The dispute in the present case is

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